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QkljM*

THE EXCELLENT PRIVILEDGE
OF LIBERTY AND PROPERTY

OF THIS BOOK ONE HUNDRED AND
FIFTY COPIES ARE PRINTED ON HAND-
MADE PAPER AND FIVE ON VELLUM

Jitter^ anil

BEING A REPRINT AND FAC-SMILE
OF THEHRSTAMEWCAN EDITION OF

Jaffna CCJarta

PRINTED IN 1687 UNDER THE DIRECTION OF
WILLIAM PENN BY WILLIAM BRADFORD

PHILADELPHIA
MDCCCXCVII

THE K£W YORK

iiiOP

ASTC«,\eNOX AND
TlUlfcN fuUN0ATJON§.

18*8,

Set up and Impressed by

J. B. Lippincott Company

Philadelphia

Introduction

FREDERICK D. STONE, Litt.D.,
librarian op the historical society op pennsylvania.

Prepared por the Press

JOHN THOMSON,

curator op the philobiblon club and

librarian op the prbb library op philadelphia.

The Decorations

EDW. STRATTON HOLLOWAY.

PAGE

Introduction by Frederick D. Stone, Litt. D. . ix

To the Reader 3

Introduction 7

Magna Charta 13

The Comment on Magna Charta .... 43
A Confirmation of the Charters of the Liberties of

England, and of the Forest, made Anno XXV.

Edward 1 69

The Sentence of the Clergy against the Breakers of

those Articles 77

The Sentence or Curse given by the Bishops against

the Breakers of the Great Charter . .81

A Statute made Anno XXXIV. Edward I., commonly

CALLED De TaLLAGIO NON CONCEDENDO ... 85

The Comment upon the Statute De Tallagio non

concedendo 89

<&onttnt*

PAGE

An Abstract of the Patent granted by the Kino to

William Penn and his Heirs and Assigns for

the Province of Pennsylvania .... 93

The Frame of the Government of the Province of

Pennsylvania and Territories thereunto annexed,

in America 103

Notes 131

List of the principal dates mentioned in this work 167
Fac-simile of The Excellent Priviledoe of Liberty

and Property 169

»S H«tori* Xt.&tmTM.'D.

JAGNA CHARTA was printed for the

}. jj first time on the American continent at
jmn fw\ V Philadelphia in 1687. Th c volume in
*& \So^l w hich it then appeared has been selected
by The Philobiblon Club for the first of
its publications. Had no other reason
existed for this choice than the fact we have mentioned, it
would have passed unquestioned ; but the causes which led to
the first reproduction of Magna Charta in this country, the im-
mediate object of its publication here, and the evident influence
it exercised on the community which received it, are so re-
markable as to overshadow the bibliographical and typograph-
ical interest that gathers round its first printing on a continent
now dominated by a people who maintain that their govern-
ment represents the highest development of that English liberty
and English law whose foundation is the Charter.

The little volume which contained the first American issue
of the Charter is entitled ** The Excellent Priviledgc of Liberty
and Property : being the Birth-right of the Free*born Subjects
of England." Besides extensive extracts from the Charter and
Coke's comments thereon, it contains the confirmation of the
charters of the liberties of England and of the Forest, made in
the twenty-fifth year of Edward I. ; a statute made in Edward's
thirty-fourth year, commonly called De TaUagio non concedendo ;
an abstract of the Royal Charter of Pennsylvania; and the
charter of liberties granted by William Penn to the free men
of his province. It was printed by William Bradford, who, in
1685, l^d introduced the art of printing into the Middle Colo-
nies of North America ; but it was undoubtedly prepared for
the press by William Penn, then in England ; for David Lloyd,
in 1728, quoted the book as the work of Penn in "A Defence
of the Legislative Constitutions of the Province of Pennsyl-
vania." Moreover, Mr. Hildeburn, in his u Press of Pennsyl-
vania," has pointed out that Lloyd was then (1728) attorney-
general of the Province ; and, as the latter had been on friendly
terms with Penn, as early as 1687, " ^ unchaltenged statement
is conclusive."

Only a single copy of this tract is known to have survived.
It is preserved in the library of the Meeting for Sufferings
of Philadelphia, and from it the present fac-simile has been
made. It does not bear the imprint of William Bradford.
The title-page looks as if the name of the printer had been re-
moved from the form after it had been prepared for the press.
There is no doubt, however, that it was the work of Bradford,
as it is mentioned in an advertisement at the foot of a broadside

Jfntrotructton

almanac, issued by him in 1687, ** being in press. Penn's
absence in Europe at the time of its publication accounts for
many obvious errors and awkwardnesses of expression which
would have been corrected had he been present and which are
referred to in detail in the notes to this reprint

The causes which led to its production were evidently the
results of the intimate knowledge of the true basis of English
liberty Penn had acquired in defending the rights of his fol-
lowers. How familiar he was with the provisions and principles
of Magna^ Charta is shown in his trial at the Old Bailey, when
he quoted it with an aptness and a pertinacity that drove the
Recorder to his wits 9 end; and that official denounced both
Penn and the law he quoted in such coarse and vulgar language
that Penn accused him before the public of having spoken in
contemptuous terms of the very foundations of English liberty.

As we study this chapter of Penn's life, the causes which
led to the settlement of Pennsylvania stand out in bold relief.
In defending the right of his followers to worship God accord-
ing to the dictates of their conscience, he based his arguments
on Magna Charta, feeling that this was the only foundation
upon which the religious liberty he contended for could safely
rest, and that if he could gain for the Quakers a full recognition
of their tights as free born Englishmen, that liberty would be
secure. In " England's Present Interest Considered," he traced
liberty, both civil and religious, back to the pre-English Britons,
pointing out that Magna Charta itself was but the embodiment
of ancient customs in use when it was framed. He contended
that the differences existing in England at his day resulted from
the attempts that had been made to enforce conformity in re-

Ctttrotructtoit

ligious matters by subverting the ancient rights of the people,
depriving them of their property without due form, and making
them owe their protection not to the civil but to the ecclesias-
tical authority.

His studies in the history of government convinced him
of the importance of making the people the fountain of power ;
consequently, when the fundamental charter of West Jersey,
was framed, in which work Penn and a number of Quakers
were interested, the most important provisions of Magna
Charta were made a portion of that instrument Owing to
the financial confusion into which the affairs of West Jersey
drifted, the success of that colony became doubtful, and Penn
turned his attention to the territory west of the Delaware, for
which he obtained a royal patent. Here he determined to ~
establish a government of which civil and religious liberty
should be the corner-stone. Removed from the entangling
complication of European politics, he hoped it would be an
example to the nations of the world, and called it his •* Holy
Experiment." It was not for the benefit of his followers alone
that he attempted this : he was willing to accord to others the
liberty he claimed for his own people. "I went there," he
said, "to establish a free colony for all mankind that should
go thither, and more especially those of my own profession.
Not that I have lessened the civil liberties of others because
of their persuasion, but to screen and defend our own from
infringements on that account."

On the almost feudal terms of the Royal Patent, Penn en-
grafted a government as liberal as circumstances would admit,
but not as liberal, we now know, as he desired. In one draft

xii

Ctttrotructtoit

of a Frame of Government he proposed to give the Assembly
"whatever was the privilege of an English House of Com-
mons," and in the same paper he provided that Magna Charta
and all the laws confirmatory of the same, especially that called
the Petition of Right, passed in the reign of Charles L, should
be in full force and an effectual part of the Government of the
Province. That the people should understand the true basis
of their liberties, he deposited in the archives of his Colony
a copy of Magna Charta, " certified by the Keeper and other
officers of the Cottonian Library, illuminated and ornamented
as the original ;'*• and there it remained for a century. Whether
it was before or after doing this that he caused " The Excellent
Priviledge of Liberty and Property" to be printed we cannot
say ; but the act was in perfect accord with the motives for
the production of that volume, given in the address M To the
Reader." This address is so remarkable that, although printed
in full in this volume, we cannot refrain from stating its purport
here. x

It opens by saying that it may reasonably be supposed that
there are few men in this part of the world who are acquainted
with the inestimable inheritance to which every free born sub-
ject of England is heir, the unparalleled privilege of Liberty and
Property ; and that as every man should understand upon what
his happiness rests, the fundamental laws of England are now
published, in order that every man who is a subject of the
Crown of England may understand his rights and how to pre-
serve them. The chief end of the publication, he asserts, is

* Trial of P. W. Duffen and Thomas Lloyd, page 24, London, 1793.

xiii

Ctttrotructtoit

the benefit of those who have not the leisure to leave their
plantations to coqsult law-books containing the Charter, of
which there are but few in the country. It is hoped that the
publication may raise up noble resolutions in all the Free men
of the Colonies not to give up anything of Liberty and Prop-
erty that they enjoy, but to take example from their ancestors,
and understand that it is easy to part with great privileges, but
hard to gain them if once lost.

That "The Excellent Priviledge of Liberty and Property"
had an effect on the minds of the people is evinced by the fact
that nearly half a century after its production it was quoted in
a defence of the legislative constitutions of the Province of
Pennsylvania. In speaking of Magna Charta in this paper,
David Lloyd says, u From these noble principles the Proprietor
settled the Rights and Privileges of this colony on the true Basis
of English Liberty and Property, and not only granted his
charters whereby he confirmed the same to the inhabitants, but
likewise published a small Treatise (The Excellent Priviledge
of Liberty and Property &c.) exhorting them to maintain with
firmness and resolution their inestimable privileges."

No one who is familiar with the able papers that were called
forth by political discussions in the early history of Pennsylva-
nia can fail to see that Penn's efforts to convey to the minds
of the inhabitants of his Province a full knowledge of the
character of their political and civil rights were successful.
Nor is it going too far to say that in the atmosphere that sur-
rounded his government, and in its traditions, a class of men
grew up who under less favorable circumstances would have
been unknown to history. Among them may be named David

xiv

fitttrolmcttott

Lloyd, the stout defender of the people's rights; Andrew
Hamilton, who, in the defence of John Peter Zenger, estab-
lished the liberty of the press in America ; and John Dickin-
son, author of the " Bill of Rights" of the Stamp Act Con-
gress in 1765, of the " Farmer's Letters" in 1768, and of " The
Constitutional Power of Great Britain over the Colonies," in

J 774-

THE EXCELLENT PRIVILEDGE
OF LIBERTY AND PROPERTY

TEXT

§, &> ifc-Rtaim:

\T may reasonably be supposed that
we shall find in this part of the
world) many men, both old and
youngs that are strangers, in a
great measure, to the true under-
standing of that inestimable inheritance that
every Free-born Sub j eft of England is heir unto
by Birth-right, I mean that unparalleled privi-
lege of Liberty and Property, beyond all the
Nations in the world beside; and it is to be
wished that all men did rightly understand their
own happiness therein; in pursuance of which
I do here present thee with that ancient Gar-
land, the Fundamental Laws of England, be-
decked with many precious privileges of Liberty
and Property, by which every man that is a

Co tije Healrer

SubjeSt to the Crown of England, may under-
stand what is his right, and how to preserve it
from unjust and unreasonable men : whereby ap-
pears the eminent care, wisdom and industry of
our progenitors in providing for themselves and
posterity so good a fortress that is able to repel the
lust, pride and power of the Noble, as well as
ignorance of the Ignoble; it being that excellent
and discreet balance that gives every man his even
proportion, which cannot be taken from him, nor
be dispossessed of his life, liberty or estate, but by
the trial and judgment of twelve of his equals, or
Law of the Land, upon the penalty of the bitter
curses of the whole people ; so great was the zeal
of our predecessors for the preservation of these
Fundamental Liberties (contained in these Char-
ters) from encroachment, that they employed all
their policy and religious obligations to secure them
entire and inviolable, albeit the contrary hath often
been endeavoured, yet Providence hitherto hath

Co tije fteafcer

preserved them as a blessing to the English Sub-
jects.

The chief end of the publication hereof is for
the information and understanding (what is their
native right and inheritance) of such who may
not have leisure from their Plantations to read
large volumes; and beside, I know this Country is
not furnished with haw-Books, and this being the
root from whence all our wholesome English Laws
spring, and indeed the line by which they must be
squared, 1 have ventured to make it public, hoping
it may be of use and service to many Freemen,
Planters and Inhabitants in this Country, to whom
it is sent and recommended, wishing it may raise
up noble resolutions in all the Freeholders in these
new Colonies, not to give away any thing of Lib-
erty and Property that at present they do, (or of
right as loyal English Subjects, ought to) enjoy,
but take up the good example of our ancestors, and
understand, that it is easy to part with or give

Eo tfje Meatier

away great privileges, but hard to be gained, if
once lost. And therefore all depends upon our
prudent care and aSiings to preserve and lay sure
foundations for ourselves and the posterity of our
loins*

Philopolites.

N France, and other nations, the
mere will of the Prince is
Law, his word takes off any
man's head, imposeth taxes, or
seizes any man's estate, when, how and as
often as he lists ; and if one be accused, or
but so much as suspected of any crime, he
may either presently execute him, or banish,
or imprison him at pleasure ; or if he will be
so gracious as to proceed by form of their
laws, if any two villains will but swear against
the poor party, his life is gone ; nay, if there
be no witness, yet he may be put on the rack,
the tortures whereof make many an innocent

fintrotruction

person confess himself guilty, and then, with
seeming justice, is executed. But,

In England the Law is both the measure
and the bound of every Subject's duty and
allegiance, each man having a fixed Funda-
mental Right born with him, as to freedom of
his person and property in his estate, which
he cannot be deprived of, but either by his
consent, or some crime, for which the law has
imposed such a penalty or forfeiture. For
(i) all our Kings take a solemn oath at their
Coronation to observe and cause the laws
to be kept : (2) all our Judges take an oath
wherein among other points they swear, to do
equal Law and Right to all the King's Sub-
jects, rich and poor, and not to delay any
person of Common Right for the Letters of
the King, or of any other Person, or for any
other cause : Therefore saith Fortescue, 1 (who

was first Chief Justice, and afterwards Lord

fintrotruct ion

Chancellor to King Henry the Sixth) in his
Book De Laudibus Legum Anglic cap. 9,
Non potest Rex Anglue, etc. The King of
England cannot alter nor change the laws of
his realm at his pleasure ; For why, he gov-
erneth his people by power not only royal,
but also politic : If his power over them were
only regal, then he might change the laws of
his realm, and charge his Subjects with Tallage
and other burthens, without their consent; but
from this much diflereth the power of a King
whose government is politic ; for he can neither
change laws without the consent of his Sub-
jects, nor yet charge them with impositions
against their wills. With which accords Brae-
ton, 2 a learned Judge and Law- Author, in the
Reign of King Henry the Third, saying, Rex
in Regno suo superiores habet Deum et Legem;
t4. y The King in his Realm hath two supe-
riors, God and the Law; for he is under the

fiitirotnutum

dire&ive, though not coercive Power of the
Law.

Tis true, the Law itself affirms, the King
can do no wrongs which proceeds not only from
a presumption, that so excellent a Person will
do none, but also because he ads nothing but
by Ministers, which (from the lowest to the
highest) are answerable for their doings; so
that if a King in passion should command A.
to kill B. without process of law, A. may yet
be prosecuted by Indictment or upon an Ap-
peal (where no royal pardon is allowable) and
must for the same be executed, such command
notwithstanding.

This original happy Frame of Government
is truly and properly called an Englishman s
Liberty, a Privilege not exempt from the law,
but to be freed in person and estate from arbi-
trary violence and oppression. A greater in-
heritance (saith Judge Coke) is derived to

fintrotrurtum

every one of us from our laws than from our

parents. For without the former, what would

the latter signify? And this Birth-right of

Englishmen shines most conspicuously in two

things :

i. Parliaments.

2. Juries.

By the First the Subject has a share by his
chosen Representatives in the Legislative (or
law-making) Power; for no new laws bind
the people of England, but such as are by
common consent agreed on in that great
Council.

By the Second, he has a share in the exec-
utive part of the law, no causes being tried,
nor any man adjudged to lose life, member or
estate, but upon the verdict of his Peers or
Equals his neighbours, and of his own con-
dition: These two grand pillars of English

liberty, are the Fundamental Vital Privileges,

fintro&uctum

whereby we have been, and are preserved more
free and happy than any other people in the
world, and (we trust) shall ever continue so :
For whoever shall design to impair, pervert or
undermine either of them, do strike at the
very Constitution of our Government, and
ought to be prosecuted and punished with
the utmost zeal and rigour. To cut down
the banks and let in the sea, or to poison all
the springs and rivers in the kingdom, could
not be a greater mischief; for this would only
affeft the present age, but the other will ruin
and enslave all our posterity.

But beside these paramount privileges
which the English are estated in by the
original Constitution of their Government,
there are others more particularly declared
and expressed in divers Afts of Parliament
too large to be inserted in this place.

The Great Charter, made in
the Ninth Year of King Henry
the Third, and confirmed by King Ed-
ward the First in the Five and twen-
tieth Year of His Reign.

EDWARD, 1 by the grace of God King of Eng-
land, Lord of Ireland, and Duke of Guyan, 2
to all Archbishops, Bishops, 3 &c.

* " " _ E have seen the Great Charter of the
Lord Henry, sometimes King of Eng-
land, our Father, of the Liberties of England,
in these words :

Henry, by the grace of God King of Eng-
land, Lord of Ireland, Duke of Normandy
and Guyan, 4 and Earl of Anjou, to all Arch-

»3

Jttagna €f)arta

bishops, Bishops, Abbots, Priors, Earls, Barons,
Sheriffs, Provosts, Officers, and to all Bailiffs,
and other our faithful Subjects, which shall
see this present Charter, Greeting. Know ye,
that We, 5 unto the Honour of Almighty God,
and for the salvation of the souls of our pro-
genitors and successors, Kings of England, 6 to
the advancement of Holy Church, and amend-
ment of our Realm, of our mere and free wijl,
have given and granted to all Archbishops,
Bishops, Abbots, Priors, Earls, Barons, and to
all Freemen of this our realm, these Liberties
following, to be kept in our kingdom of
England for ever.

CAP. I.

A CONFIRMATION OF LIBERTIES.

*T3"IRST, 7 We have granted to God, and
*"^ ^ by this our present Charter have con-
firmed, for Us and our Heirs for ever, That

Jttagna €f)arta

the Church of England shall be free, and shall
have all her whole rights and liberties invio-
lable. (2) We have granted also, and given
to all the Freemen of our realm for Us, and
our Heirs for ever, these liberties underwritten,
to have, and to hold to them and their heirs,
of Us and our Heirs for ever.

CAP. II.

THE RELIEF OF THE KING'S TENANT OF FULL AGE.

w F any of our Earls or Barons, or any
." other, which hold of Us in chief by

Knights service, 8 die, and at the time of his
death, his heir be of full age, and oweth to
Us Relief, he shall have his inheritance by the
old Relief; that is to say, the heir or heirs
of an Earl, for a whole Earldom, by one
hundred pound ; the heir or heirs of a Baron,
for a whole Barony, by one hundred marks;
the heir or heirs of a Knight, for one whole

Jttagna ftftarta

Knights fee, one hundred shillings at the most;
and he that hath less, shall give less, according
to the old custom of the fees.

CAP. III.

THE WARDSHIP OF AN HEIR WITHIN AGE. THE
HEIR A KNIGHT.

*f^WT if the heir of any such be within
^— ™ age, his Lord shall not have the ward 9
of him, nor of his land, before that he hath
taken of him homage. (2) And after that
such an heir hath been in ward (when he is
come to full age), that is to say, to the age of
one and twenty years, he shall have his in-
heritance without Relief, and without Fine;
so that if such an heir, being within age, be
made Knight, yet nevertheless his land shall
remain in the keeping of his Lord, unto the

term aforesaid.

Jttagna ©fmrta

CAP. IV.

NO WASTE SHALL BE MADE BY A GUARDIAN IN
WARDS LANDS.

*^ I 'HE keeper of the land of such an heir,
^^- being within age, shall not take of the
lands of the heir, but reasonable issues, reason-
able customs, and reasonable services, and
that without destruction and waste of his men
and his goods. (2) And if We commit the
custody of any such land to the Sheriff, or to
any other, which is answerable unto Us for the
issues of the same land, and he make destruc-
tion or waste of those things that he hath in
custody, We will take of him amends and
recompence therefore. 10 (3) And the land shall
be committed to two lawful and discreet men
of that fee, which shall answer unto Us for
the issues of the same land, or unto him
whom We will assign. (4.) And if We give

»7

Jttagna €]jarta

or sell to any man the custody of any such
land, and he therein do make destruction or
waste, he shall lose the same custody ; and it
shall be assigned to two lawful and discreet
men of that fee, which also in like manner
shall be answerable to Us, as afore is said.

CAP. V.

GUARDIANS SHALL MAINTAIN THE INHERITANCE OF
THEIR WARDS : AND OF BISHOPRICKS, ETC.

CHE keeper, so long as he hath the
custody of the land of such an heir,
shall keep up the houses, parks, warrens,
ponds, mills," and other things pertaining to
the same land, with the issues of the said
land; and he shall deliver to the heir when
he cometh to his full age, all his land stored
with ploughs, and all other things, at the least
as he received it. All these things shall be

observed in the custodies of Archbishopricks,

ittagna €&arta

Bishopricks, Abbeys, Priories, Churches, and
Dignities vacant, which appertain to Us;
except this, that such custody shall not be
sold.

CAP. VI.

HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT.

* M^\ EIRS shall be married without Dis-
*^^ paragement.

CAP. VII.

A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE,
AND {JUARENTINE. THE KING'S WIDOW, ETC.

TT WIDOW, after the death of her
*J-— ■- husband, incontinent, and without
any difficulty, shall have her marriage, and
her inheritance, (2) and shall give nothing
for her dower, her marriage, or her inheri-
tance, which her husband and she held the

day of the death of her husband, (3) and

Ittagna €fjarta

she shall tarry in the chief house of her
husband by forty days after the death of her
husband, within which days her dower shall
be assigned her (if it were not assigned her
before) or that the house be a castle ; (4) and
if she depart from the castle, then a competent
house shall be forthwith provided for her, in
the which she may honestly dwell, until her
dower be to her assigned, as it is aforesaid;
and she shall have in the mean time her
reasonable estovers of the common; (5) and
for her dower, shall be assigned unto her the
third part of all the lands of her husband,
which were his during coverture, except she
were endowed of less at the Church-door.
(6) No widow shall be distrained to marry
her self;' 3 nevertheless she shall find surety,
that she shall not marry without our licence
and assent (if she hold of Us) nor without the

assent of the Lord, if she hold of another.

ittagna <&f>axta

CAP. VIII.

HOW SURETIES SHALL BE CHARGED TO THE KING.

£ or our Bailiffs, shall not seise any
land or rent for any debt, as long
as the present goods and chattels of the
debtor do suffice to pay the debt, and the
debtor himself be ready to satisfy therefore.

(2) Neither shall the pledges of the debtor
be distrained, as long as the principal debtor
is sufficient for the payment of the debt.

(3) And if the principal debtor fail in pay-
ment of the debt, having nothing wherewith
to pay, or will not pay where he is able, the
pledges shall answer for the debt. (4) And
if they will, they shall have the lands and
rents of the debtor, until they be satisfied 14 of
that which they before paid for him, except
that the debtor 1 s can shew himself to be ac-
quitted against the said sureties.

ittagna €&arta

CAP. IX.

THE LIBERTIES OF LONDON, AND OTHER CITIES
AND TOWNS CONFIRMED.

CHE City of London shall have all the
old' 6 liberties and customs which it
hath been used to have. 17 Moreover, We will
and grant, that all other Cities, Boroughs,
Towns, and the Barons of the Five Ports, and
all other Ports, shall have all their liberties and
free customs.

CAP. X.

NONE SHALL DISTRAIN FOR MORE SERVICE THAN

IS DUE.

>f\ O man shall be distrained to do more
*"^^ service for a Knights fee, nor any
freehold, than therefore is due.

jfttagna Cijarta

CAP. XI.

COMMON PLEAS SHALL NOT FOLLOW THE KING'S

COURT.

aOMMON Pleas shall not follow our
Court, but shall be holden in some
place certain.

CAP. XII.

WHERE AND BEFORE WHOM ASSIZES SHALL BE
TAKEN. ADJOURNMENT FOR DIFFICULTY.

' J | SSIZES of Novel Disseisin, 18 and of
«"J«— ■- Mort d'ancestor,' 9 shall not be taken,
but in the shires, and after this manner: If
We be out 20 of this Realm, our Chief Jus-
ticers 31 shall send our Justicers through every
county once in the year, which, with the
Knights of the shires, shall take the said As-
sizes in those counties; (2) and those things
that at the coming of our foresaid Justicers,
being sent to take those Assizes in the counties,

IKIagna €]jarta

cannot be determined, shall be ended by
them in some other place in their circuit;
(3) and those things, which for difficulty of
some articles cannot be determined by them,
shall be referred to our Justicers of the Bench,
and there shall be ended.

CAP. XIII.

ASSIZES OF DARREIN PRESENTMENT.

HSSIZES of Darrein Presentment," shall
be alway taken before our Justicers of
the Bench, and there shall be determined.

CAP. XIV.

HOW MEN OF ALL SORTS SHALL BE AMERCED, AND

BY WHOM.

H FREEMAN shall not be amerced for
a small fault, but after the manner
of the fault ; and for a great fault, after the
greatness thereof, saving to him his contene-

Jttagna ©fjarta

ment; 23 (2) and a Merchant likewise, saving
to him his merchandise; (3) and any other's
villein 34 than ours shall be likewise amerced,
saving his wainage, 25 if he fall into our mercy.
(4) And none of the said amercements shall
be assessed, but by the oath of honest and
lawful men of the vicinage. (5) Earls and
Barons shall not be amerced, but by their
Peers, and after the manner of their offence.
(6) No man of the Church shall be amerced
after the quantity of his spiritual Benefice, but
after his Lay tenement, and after the quantity
of his offence.

CAP. XV.

MAKING OF BRIDGES AND BANKS.

>g^VO Town, nor Freeman shall be dis-
<***•£> trained to make Bridges nor Banks, 26
but such as of old time, and of right have
been accustomed to make them in the time
of King Henry our Grandfather.

Jttagna €ftarta

CAP. XVI.

DEFENDING OF BANKS.

*{^\0 Banks 37 shall be defended from hence-
*^»^ forth, but such as were in defence in
the time of King Henry our Grandfather, by
the same places, and the same bounds as they
were wont to be in his time.

CAP. XVII.

HOLDING PLEAS OF THE CROWN.

>g^\0 Sheriff, Constable, Escheator, Coro-
*"^^" ner, nor any other our Bailiffs, shall
hold Pleas of our Crown.

CAP. XVIII.

THE KING'S DEBTOR DYING, THE KING SHALL BE

FIRST PAID.

■ F any that holdeth of Us Lay fee do die,

" and our Sheriff or Bailiff do shew our

Letters Patents of our summon for debt, which

ittagtta tt&arta

the dead man did owe to us; it shall be lawful
to our Sheriff or Bailiff, to attach and inroll
all the goods and chattels of the dead, being
found in the said fee,* 8 to the value of the
same debt, by the sight and testimony of lawful
men, so that nothing thereof shall be taken
away, until We be clearly paid off the debt;

(2) and the residue shall remain to the Exec-
utors, to perform the testament of the dead;

(3) and if nothing be owing unto Us, all the
chattels shall go to the use of the dead (saving
to his wife and children their reasonable parts).

CAP. XIX.

PURVEYANCE FOR A CASTLE.

*f^\ O Constable, nor his Bailiff, shall take
*"^^ / corn or other chattels of any man,
if the man be not of the town where the
Castle is, but he shall forthwith pay for the
same, unless that the will of the seller was to

jfttagna €J)arta

respite the payment; (2) and if he be of the
same town, the price shall be paid unto him
within forty days.

CAP. XX.

DOING OF CASTLE-WARD.

*{~^\0 Constable shall distrain any Knight
*"^^ for to give money for keeping of his
Castle, if he himself will do it in his proper
person, or cause it to be done by another suf-
ficient man, if he may not do it himself, for a
reasonable cause. (2) And if We do lead or
send him in an army, he shall be free from
Castle-ward for the time that he shall be with
Us in fee in our host, for the which he hath
done service in our wars.

CAP. XXI.

TAKING OF HORSES, CARTS, AND WOOD.

O Sheriff nor Bailiff of ours, or any

other, shall take the horses or carts
28

iftagtta Cfjarta

of any man to make carriage, except he pay
the old price limited, that is to say, for car-
riage with two horses, ten pence a day; for
three horses, fourteen pence a day. (2) No
demesne cart 29 of any Spiritual Person or
Knight, or any Lord, shall be taken by our
Bailiffs; (3) nor We, nor our Bailiffs, nor
any other, shall take any man's wood for our
Castles, or other our necessaries to be done,
but by the licence of him whose the wood is.

CAP. XXII.

HOW LONG FELONS* LANDS SHALL BE HOLDEN BY

THE KING.

£ will not hold the lands of them that

be convict of Felony, but one year

and one day, and then those lands shall be

delivered to the Lords of the fee.

O0C

Jttagna €f)arta

CAP. XXIII.

IN WHAT PLACE WEARS SHALL BE PUT DOWN.

J ■ LL Wears from henceforth shall be
^'- M - utterly put down by Thames and
Medway, and through all England, but only
by the sea-coasts. 30

CAP. XXIV.

IN WHAT CASE A PRAECIPE IN CAPITE IS NOT
GRANTABLE.

'^|'HE Writ that is called Praecipe in
^^ Capite 31 shall be from henceforth
granted to no person of any freehold, whereby
any Freeman may lose his Court.

CAP. XXV.

THERE SHALL BE BUT ONE MEASURE THROUGHOUT

THE REALM.

/^~\NE measure of Wine shall be through
^-^ our Realm, and one measure of Ale,
and one measure of Corn, that is to say, the

3°

ittagna ©fjarta

Quarter of London ; and one breadth of dyed
Cloth, Russets, and Haberjects, 32 that is to say,
two yards within the lists ; (2) and it shall be
of weights as it is of measures.

CAP. XXVI.

INQUISITION OF LIFE AND MEMBER.

H~^\ OTHING from henceforth shall be given

*^^ for a Writ of Inquisition, 33 nor taken

of him that prayeth Inquisition of Life, or of

Member, but it shall be granted freely, and

not denied.

CAP. XXVII.

TENURE OF THE KING IN SOCAGE, AND OF ANOTHER
BY KNIGHTS SERVICE. PETIT SERJEANTY. 34

w F any do hold of Us by Fee-ferm, 35 or by
" Socage 36 or Burgage, 37 and he holdeth

lands of another by Knights service, We will
not have the Custody of his heir, nor of his
land, which is holden of the fee of another,
by reason of that Fee-ferm, Socage or Bur-

Jttagna €ftarta

gage. (2) Neither will We have the custody
of such Fee-ferm, or Socage, or Burgage, ex-
cept Knights service be due unto Us out of
the same Fee-ferm. (3) We will not have
the Custody of the heir, or of any land 38 by
occasion of any Petit Serjeanty, that any man
holdeth of Us by Service to pay a knife, an
arrow, or the like.

CAP. XXVIII.

WAGER OF LAW SHALL NOT BE WITHOUT WITNESS.

>g^~*\0 Bailiff from henceforth shall put any
*"^^ man to his open Law, 39 nor to an
oath, upon his own bare saying, without
faithful witnesses brought in for the same.

CAP. XXIX.

NONE SHALL BE CONDEMNED WITHOUT TRIAL.
JUSTICE SHALL NOT BE SOLD OR DEFERRED.

O Freeman shall be taken, or im-
prisoned, or be disseised of his free-

Jttagna Cfjarta

hold, or liberties, or free customs, or be out-
lawed, or exiled, or any otherwise destroyed ;
nor will We not pass upon him, nor condemn
him, 40 but by lawful judgment of his Peers,
or by the Law of the Land. (2) We will
sell to no man, We will not deny or defer to
any man, either Justice or Right.

CAP. XXX.

MERCHANT STRANGERS COMING INTO THIS REALM
SHALL BE WELL USED.

HLL merchants (if they were not openly
prohibited before) shall have their
safe and sure Conduct to depart out of Eng-
land, to come into England, to tarry in, and
go through England, as well by land as by
water, 4 ' to buy and sell without any manner of
evil Tolts, 42 by the old and rightful customs,
except in time of war. (2) And if they
be of a Land making war against Us, and 43

Jttagna €f)arta

be found in our Realm at the beginning of
the wars, they shall be attached, without harm
of body or goods, until it be known unto Us,
or our Chief Justice, how our merchants be
intreated there in the Land making war
against Us; (3) and if our merchants be
well intreated there, theirs shall be likewise
with Us.

CAP. XXXI.

TENURE OF A BARONY COMING INTO THE KING'S
HANDS BY ESCHETE.

v F any man hold of any Eschete, as of
• the honour of Wallingford, 44 Notting-

ham, Boloin, or of any other Eschetes, which
be in our hands, and are Baronies, and die,
his heir shall give none other Relief, nor do
none other Service to Us, than he should to
the Baron, if it were in the Baron's hand.
(2) And We in the same wise shall hold it
as the Baron held it ; neither shall We have,

ittagna ©Jarta

by occasion of any Barony or Eschete, any
Eschete or keeping of any of our men, unless
he that held the Barony or Eschete, otherwise 45
held of Us in chief. 46

CAP. XXXII.

LANDS SHALL NOT BE ALIENED TO THE PREJUDICE
OF THE LORD'S SERVICE.

>{~*\ O Freeman from henceforth shall give
*■"■*»£' or sell any more of his land, but so
that of the residue of the lands the Lord of
the Fee may have the Service due to him,
which belongeth to the Fee.

CAP. XXXIII.

PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF
THEM IN THE TIME OF VACATION.

J ■ LL Patrons of Abbeys which have the
*J«— ■- King's Charters of England of Ad-
vowson, or have old Tenure or Possession in
the same, shall have the Custody of them when

Jttagna Cftarta

they fall void, as it hath been accustomed, and
as it is afore declared. 47

CAP. XXXIV.

IN WHAT ONLY CASE A WOMAN SHALL HAVE AN
APPEAL OF DEATH.

>^^VO man shall be taken or imprisoned
**■■•£' upon the appeal of a Woman, for the
death of any other, than of her husband. 4 *

CAP. XXXV.

AT WHAT TIME SHALL BE KEPT A COUNTY COURT,
sheriff's TURN, AND A LEET.

*tf^\C County Court from henceforth shall
«■■*»<£' be holden but from month to month;
and where greater time hath been used, there
shall be greater: (2) Nor any Sheriff, or his
Bailiff, shall keep his Turn in the Hundred but
twice in the year; and no where but in due
place, and accustomed; that is to say, once
after Easter, and again after the Feast of Saint

ittagna €f)arta

Michael. (3) And the View of Frankpledge
shall be likewise at the Feast of Saint Michael
without occasion ; so that every man may have
his liberties which he had, or used to have,
in the time of King Henry our Grandfather,
or which he hath purchased since. (4) The
View of Frankpledge shall be so done that our
Peace may be kept j 49 (5) and that the Tything
be wholly kept as it hath been accustomed;
(6) and that the Sheriff seek no occasions, and
that he be content with so much as the Sheriff
was wont to have for his View-making in the
time of King Henry our Grandfather.

CAP. XXXVI.

NO LAND SHALL BE GIVEN IN MORTMAIN.

w T shall not be lawful from henceforth to
• any to give his lands to any Religious

House, and . to take the same land again to
hold of the same House. Nor shall it be

Jftagtta €f)arta

lawful to any House of Religion to take the
lands of any, and to lease the same to him of
whom he received it. If any from henceforth
give his lands to any Religious House, and
thereupon be convict, the gift shall be utterly
void, and the land shall accrue to the Lord of
the Fee. so

CAP. XXXVII.

A SUBSIDY IN RESPECT OF THIS CHARTER, AND THE
CHARTER OF THE FOREST, GRANTED TO THE KING.

eSCUAGE from henceforth shall be taken
like as it was wont to be in the time
of King Henry our Grandfather; 51 reserving to
all Archbishops, Bishops, Abbots, Priors, Tem-
pters, Hospitallers, Earls, Barons, and all per-
sons, as well Spiritual as Temporal, all their
free liberties and free customs, which they
have had in times passed. (2) And all these
customs and liberties aforesaid, which We
have granted to be holden within this our

Jttagna Cfjarta

Realm, as much as appertained! to Us and our
Heirs, 52 We shall observe j (3) and all men of
this our Realm, as well Spiritual as Temporal,
(as much as in them is) shall observe the same,
against all persons 53 in like wise. (4) And for
this our Gift and Grant of these liberties, and
of others 54 contained in our Charter of Lib-
erties of our Forest, the Archbishops, Bishops,
Abbots, Priors, Earls, Barons, Knights, Free-
holders, and other our Subjects, have given
unto Us the fifteenth part of all their move-
ables. (5) And We have granted unto them
on the other part that 55 neither We nor our
Heirs shall procure or do any thing whereby
the liberties in this Charter contained shall be
infringed or broken ; (6) and if any thing be
procured by any person, contrary to the prem-
ises, it shall be had of no force nor effect.
These being Witnesses, 56 Lord B. 57 Archbishop
of Canterbury, E. Bishop of London, J. Bishop

ittagna Cijarta

of Bathe, P. of Winchester, H. of Lincoln, R.
of Salisbury, W. of Rochester, W. of Worcester,
J. of Ely, H. of Hereford, R. of Chichester, W.
of Exeter, Bishops ; the Abbot of St. Edmonds,
the Abbot of St. Albans, the Abbot of Bello, 58
the Abbot of St. Augustines in Canterbury, the
Abbot of Evesham, the Abbot of Westminster,
the Abbot of Bourgh St. Peter, the Abbot of
Reding, the Abbot of Abindon, the Abbot of
M almsbury, the Abbot of Winchcomb, the Ab-
bot of Hyde, the Abbot of Certesey, the Abbot
of Sherburn, the Abbot of Cerne, the Abbot of
Abbotebir, 59 the Abbot of Middleton, the Abbot
of Seleby,the Abbot of Cirencester; H. de Burgh
Justice, H. 60 Earl of Chester and Lincoln, W.
Earl of Salisbury, W. Earl of Warren, G. de
Clare Earl of Gloucester and Hereford, 61 W. de
Ferrars Earl of Derby, W. de Mandeville Earl
of Essex, H. de Bygod Earl of Norfolk, W. Earl

of Albemarle, H. Earl of Hereford, J. Constable

jttagn* Cfjarta

of Chester, R. de Ros, R. Fitz-walter, R. de
Vyponte, W. de Bruer, R. de Muntefichet, P.
Fitzherbert, W. de Aubenie, F. 6z Gresly, F. 63 de
Breus, J. de Monemue, 64 J. Fitzallen, H. de
Mortimer, W. de Beauchamp, W. de St. John,
P. de Mauty/ 5 Brian de Lisle, Thomas de Mul-
ton, R. de Argenteyn, G. de Nevil, W. de
Mauduit, J. de Balun, and others. 66

We, ratifying and approving these Gifts and
Grants aforesaid, confirm and make strong all
the same for Us and our Heirs perpetually,
and, by the tenour of these Presents, do renew
the same ; willing and granting for Us and our
Heirs, that this Charter, and all and singular
his Articles, forever shall be stedfastly, firmly,
and inviolably observed ; and if any Article in
the same Charter contained, yet hitherto perad-
venture hath not been kept, We will, and by
Authority Royal command, from henceforth
firmly they be observed. 67 In Witness whereof

ittagna €l)arta

We have caused these our Letters Patents to be
made. T. 68 EDWARD, our Son at Westmin-
ster, 69 the twenty eighth day of March, in the
twenty eighth year of our Reign.

Cfije Comment on (Bap^Cfljarta

HIS excellent Law holds the first
place in our Statute Books, for
though there were, no doubt,
many Ads of Parliament long before this,
yet they are not now extant; it is called
Magna Charta, or the Great Charter, not in
respect of its bulk, but in regard of the
great importance and weight of the matters
therein contained; it is also stiled, Charta
Libertatum Regni, The Charter of the Liber-
ties of the Kingdom ; and upon great reason
(saith Cook 1 in his Proem 2 ) is so called, from
the effecl:, quia Liberos* facit, because it makes
and preserves the People free. Though it run
in the stile of the King, as a Charter, yet (as

€f)t <&ommtnt

my Lord Cook well observes on the thirty-
eighth chapter 4 ) it appears to have passed in
Parliament; for there was then a fifteenth
granted to the King by the Bishops, Earls,
Barons, Free Tenants and People, which could
not be, but in Parliament, nor was it unusual
in those times to have Ads of Parliament in a
form of a Charter, as you may read in the
Princes Case, Coolis Reports^ liber 8. 5

Likewise, though it be said here, that the
King hath given and granted these Liberties,
yet they must not be understood as mere
emanations of royal favour, or new bounties
granted, which the People could not justly
challenge, or had not a right unto before ; for
the Lord Cook in divers places asserts, and all
lawyers know, that this Charter is for the most
part only declaratory of the principal ground
of the fundamental laws and liberties of Eng-
land. No new freedom is hereby granted, but

€f)e Qbommtnt

a restitution of such as lawfully they had before,
and to free them of what had been usurped and
encroached upon them by any Power whatso-
ever, and therefore you may see this Charter
often mentions sua jura> their rights and liber-
ties, which shows they had them before, and
that the same now were confirmed.

As to the occasion of this Charter, it must
be noted, that our ancestors, the Saxons, had
with a most equal poise and temperament, very
wisely contrived their government, and made
excellent provisions for their liberties, and to
preserve the people from oppression ; and when
William, the Norman, made himself master of
the land, though he be commonly called the
Conqueror, yet in truth he was not so, and I
have known several Judges that would repre-
hend any gentleman at the Bar that casually
gave him that title ; for though he killed Har-
old the usurper, and routed his army, yet he

€fte itommtnt

pretended a right to the kingdom, and was
admitted by compact, and did take an oath to
observe the laws and customs.

But the truth is, he did not perform that
Oath so as he ought to have done, and his suc-
cessors William Rufus, King Stephen, Henry
the First and Richard likewise made frequent
encroachments upon the liberties of their peo-
ple ; but especially King John made use of so
many illegal devices to drain them of money,
that wearied with intolerable oppressions, they
resolved to oblige the King to grant them their
liberties, and promise the same should be ob-
served, which King John did in Runnymede
between Staines 6 and Windsor, by two charters,
one called Charta Libertatum, The Charter of
Liberties (the form of which you may read in
Matthew Paris, fol. 24.6 , 7 and is in effect the
same with this here recited) the other, The

Charter of the Forest, 8 copies of which he sent

into every County, and commandeth the Sheriff,
&c, to see them fulfilled.

But by ill counsel he quickly after began to
violate them as much as ever, whereupon dis-
turbances and great miseries arose, both to him-
self and to the Realm. The son and successor
of this King John, was Henry the Third, 9 who
in the ninth 10 year of his reign, renewed and
confirmed the said Charters ; but within two
years after cancelled them by the pernicious
advice of his Favourites, particularly Hubert
de Burgh," whom he had made Lord Chief
Justice; one that in former times had been a
great lover of his Country," and a well-deserv-
ing patriot, as well as learned in the Laws, but
now to make this a step to his ambition (which
ever rideth without reins) persuaded and hu-
moured the King, that he might avoid the
Charters of his Father King John, by duress,
and his own Great Charter, and Charta de

Foresta also, for that he was within age when
he granted the same;' 3 whereupon the King in
the eleventh year of his reign, being then of
full age, got one of the Great Charters, and of
the Forest into his hands, and by the counsel
principally of this Hubert his Chief Justice, at
a Council holden at Oxford, unjustly cancelled
both the said Charters, (notwithstanding the said
Hubert de Burgh was the primary witness of
all temporal lords to both the said Charters) 14
whereupon he became in high favour with the
King, insomuch that he was soon after (namely
the tenth of December, in the thirteenth year
of that King) created (to the highest dignity
that in those times a Subjed had) to be an
Earl, namely, of Kent: 15 But soon after (for
flatterers and humourists have no sure founda-
tion) he fell into the king's heavy indignation,
and after many fearful and miserable troubles,

he was justly, and according to law, sentenced

ttfje €ommtut

by his peers in an open Parliament, and justly
degraded of that dignity, 16 which he unjustly
had obtained by his counsel, for cancelling of
Magna Chart a, and Charta de Foresta,

In the ninth chapter of this Great Charter,
all the ancient liberties and customs of London
are confirmed and preserved, which is likewise
done by divers other Statutes, as 14. Edward
III., chap. 2, 17 &c.

The twenty-ninth chapter, NO FREE-
MAN SHALL BE TAKEN, &c, deserves to
be written in letters of gold ; and I have often
wondered the words thereof are not inscribed
in capitals on all our Courts of Judicature,
Town-Halls, and most publick edifices; they
are the elixir of our English freedoms, the
store-house of all our liberties ; and because
my Lord Cook in the second part of his Insti-
tutes, 18 hath many excellent observations, his
very words I shall here recite.

ttfte Qkommtnt

This chapter containeth nine several
branches.

i. That no man be taken or imprisoned,
but per legem terra, that is, by the Common
Law, Statute Law, or Custom of England ; for
these words, per legem terra, being towards the
end of this chapter, do refer to all the pre-
cedent matters in this chapter, and this hath
the first place, because the liberty of a man's
person is more precious to him, than all the
rest that follow, and therefore it is great
reason, that he should by Law be relieved
therein, if he be wronged, as hereafter shall
be shewed.

2. No man shall be disseised, that is, put
out of seisin, or dispossessed of his free-hold
(that is) lands or livelihood, or of his liberties,
or free customs, that is, of such franchises and
freedoms, and free customs, as belong to him
by his free Birth-right, unless it be by the law-

CJje Qommtnt

ful judgment, that is, verdid of his equals (that
is, of men of his own condition) or by the law
of the land (that is, to speak it once for all)
by the due course and process of law.

3. No man shall be outlawed, made an ex
lex, put out of the law, that is, deprived of the
benefit of the law, unless he be outlawed ac-
cording to the law of the land.

4. No man shall be exiled or banished out
of his Country, that is, nemo perdet 19 patriam,
no man shall lose his Country, unless he be
exiled according to the law of the land.

5. No man shall in any sort be destroyed,
(destruere, id est, quod prius stru&um, et faEium
fuity penitus evertere et M diruere) unless it be by
the verdict of his equals, or according to the
law of the land.

6. No man shall be condemned at the
King's Suit, either before the King in his
Bench, where the pleas are Coram Rege (and

so are the words, nee super eum ibimus, to be
understood) nor before any other commissioner
or judge whatsoever, and so are the words, nee
super eum mittemus" to be understood, but by
the judgment of his peers, that is, equals, or
according to the law of the land.

7. We shall sell to no man justice or right.

8. We shall deny to no man justice or right.

9. We shall defer to no man justice or right.
Each of these we shall briefly explain. 22

1. No man shall be taken (that is) re-
strained of liberty by petition, or suggestion to
the King or his Council, unless it be by indict-
ment, or presentment of good and lawful men,
where such deeds be done. This branch, and
divers other parts of this Adfc have been notably
explained and construed 23 by divers A&s of
Parliament. 24

2. No man shall be disseised, &c. Hereby
is intended that lands, tenements, goods, and

€fie Qommtttt

chattels shall not be seised into the King's
hands, contrary to this Great Charter, and the
law of the land ; nor any man shall be dis-
seised of his lands, or tenements, or dispos-
sessed of his goods, or chattels, contrary to the
law of the land.

A custom was alledged in the town of C.
that if a tenant cease by two years, that the
Lord should enter into the freehold of the ten-
ant, and hold the same until he were satisfied
of 25 the arrearages, and it was adjudged a cus-
tom against the law of the land, to enter into
a man's freehold in that case, without action
or answer.

King Henry the Sixth granted to the Cor-
poration of Dyers within London, power to
search, &c, and if they found any cloth dyed
with log-wood, that the cloth should be forfeit :
and it was adjudged, that this Charter con-
cerning the forfeiture, was against the law of

the land, and this Statute: for no forfeiture
can grow by letters patents.

No man ought to be put from his livelihood,
without answer.

3. No man out-lawed, that is, barred to
have the benefit of the law. Vide, for the
word, the first part of the Institutes.

Note to this word utlagetur, [outlawed],
these words, nisi per legem terra, [unless by
the law of the land] do refer. 26

De libertatibus. This word libertates, or
liberties, hath three significations :

1. First, as it hath been said, it signifieth the
laws of the Realm, in which respect this Char-
ter is called Charta hibertatum as aforesaid. 27

2. It signifieth the Freedoms, that the Sub-
jects of England have ; for example, the Com-
pany of Merchant Taylors of England, having
power by their Charter to make ordinances,
made an ordinance, that every brother of the

€f>t ttmttment

same Society should put the one-half of his
clothes to be dressed by some cloth-worker free
of the same Company, upon pain to forfeit ten
shillings, &c, and it was adjudged that this
ordinance was against Law, because it was
against the liberty of the Subjed, for every
Subject hath freedom to put his clothes to be
dressed by whom he will, et 2i sic de similibus:
and so it is, if such, or the like grant had been
made by the 29 letters patents.

3. Liberties signifieth the franchises and
priviledges, which the Subjeds have of the gift
of the King, as the goods, and chattels of
felons, outlaws, and the like, or which the
Subjects 30 claim by prescription, as wreck,
waif, stray, and the like.

So likewise, and for the same reason, if a
grant be made to any man, to have the sole
making of cards, or the sole dealing with any
other trade, that grant is against the liberty

and freedom of the Subject, that before did, or
lawfully might have used that trade, and con-
sequently against this Great Charter.

Generally all monopolies are against this
Great Charter, because they are against the
liberty and freedom of the Subject, and against
the law of the land. 3 '

4. No man exiled, that is, banished, or
forced to depart, or stay out of England, with-
out his consent, or 33 by the law of the land :
no man can be exiled, or banished out of his
native Country, but either by authority of Par-
liament, or in case of abjuration for felony, by
the Common Law: and so when our Books,
or any Records 33 speak of exile or banishment,
other than in case of abjuration, it is to be in-
tended to be done by authority of Parliament :
as Belknap and other Judges, &c, banished
into Ireland in the reign of Richard the
Second. 34

€f)t (tommtnt

This is a beneficial law, and is construed
benignly, and therefore the King cannot send
any Subject of England against his will to
serve him out of the 35 Realm, for that should
be an exile, and he should perdere patriam: no,
he cannot be sent against his will into Ireland,
to serve the King as 3<s his Deputy there, because
it is out of the realm of England : for if the
King might send him out of his Realm to any
place, then under pretence of service, as Am-
bassador, or the like, he might send him into
the furthest parts 37 of the world, which 38 being
an exile, is prohibited by this Ad. 39

5. No man destroyed, Sec., 40 that is, fore-
judged of life or limb, 41 or put to torture, or
death. Every oppression against law, by colour
of any usurped authority, is a kind of destruc-
tion, and the words aliquo modo, any otherwise,
are added to the verb destruatur, and to no other
verb in this chapter, and therefore all things,

&f)e (tommtnt

by any manner of means tending to destruc-
tion, are prohibited : as if a man be accused,
or indicted of treason or felony, his lands or
goods cannot be granted to any, no not so
much as by promise, nor any of his lands or
goods seised into the King's hands, before he
is attainted; for when a Subject obtaineth a
promise of the forfeiture, many times undue
means and more violent prosecution is used for
private lucre, tending to destruction, than the
quiet and just proceeding of law would per-
mit, and the party ought to live of his own
until attainder.

6. By lawful 42 judgment of his peers, that
is, 43 by his equals, men of his own rank and
condition. The general division of persons,
by the law of England, is, either one that is
Noble, and in respect of his nobility of the
Lords House of Parliament, or one of the
Commons, and in respect thereof of the House

€f)t (tommtnt

of Commons in Parliament: and as there be
divers degrees of nobility, as Dukes, Mar-
quesses, Earls, Viscounts and Barons, and yet
all of them are comprehended under this word
(pares) peers, and are Peers of the Realm, so
of the Commons, they be Knights, Esquires,
Gentlemen, Citizens and Yeomen, 44 and yet all
of them of the Commons of the Realm, and as
every of the Nobles is one a peer to another,
though he be of a several degree, so it is of
the Commons; and as it hath been said of men
so doth it hold of noble women, either by birth
or marriage.

And forasmuch as this judgment by peers
is called lawful, it shews the antiquity of this
manner of trial : it was the antient accustomed
legal course long before this Charter.

• 7. 45 Or by the law of the land, that is, by
due process of law, for so the words are ex-
pressly expounded by the Statute of 37 Edward

€f)e Qtommmt

the Third, chap, 8, and these words are especially
to be referred to those fore-going, to whom
they relate ; as, None shall be condemned with-
out a lawful trial by his peers, so, None shall
be taken, or imprisoned, or put out of his free-
hold, without due process of the law, that is,
by the indi&ment or presentment of good and
lawful men of the place, in due manner, or by
writ original of the Common Law.

Now seeing that no man can be taken, ar-
rested, attached, or imprisoned, but by due
process of law, and according to the law of
the land, these conclusions hereupon do fol-
low: —

i. That the person or persons which com-
mit any, must have lawful authority.

2. It is necessary that the warrant or mitti-
mus be lawful, and that must be in writing
under his hand and seal.

3. The cause must be contained in the

€f)e (tommmt

warrant, as for treason, felony, &c, or for sus-
picion of treason or felony, or the like par-
ticular crime : for if it do not thus specify the
cause, if the prisoner bring his Habeas Corpus,
he must be discharged, because no crime ap-
pears on the return, nor is it in such case any
offence at all if the prisoner make his escape ;
whereas if the mittimus contain the cause, the
escape would respectively be treason or felony,
though in truth he were not guilty of the first
offence, and this mentioning the cause, is
agreeable to Scripture, AEts 5. 46

The warrant or mittimus, containing a law-
ful cause, ought to have a lawful conclusion,
viz., and him safely to keep, until he be de-
livered by Law, &c, and not until the party
committing shall further order.

If a man by colour of any authority, where

he hath not any in that particular case, shall

presume to arrest or imprison any man, or cause

ftfte (tommtnt

him to be arrested or imprisoned, this is against
this A&, and it is most hateful, when it is done
by countenance of justice.

King Edward the Sixth did incorporate the
town of St. Albans, and granted to them to
make ordinances, &c, they made a by-law 47
upon pain of imprisonment, and it was ad-
judged to be against this Statute of Magna
Charta ; so it had been, if such an ordinance
had been contained in the Patent itself. 48

8. We will sell to no man, 49 deny to no
man, &c. This is spoken in the person of the
King, who in judgment of Law in all his 50
Courts of Justice is present.

And, therefore, every Subject of this Realm,
for injury done to him in bonis, tern's, vel per-
sona, in person, lands, or goods, by any other
Subject, ecclesiastical or temporal whatever he
be, without exception, may take his remedy by

the course of the law, and have justice and

€f>t Comment

right for the injury done him, freely without
sale, fully without any denial, and speedily
without' delay ; for justice must have three
qualities, it must be libera, free, for nothing
is more odious than justice set to sale; plena,
full, for justice ought not to limp, or 5 ' be
granted piecemeal; and ceteris, speedily, quia
dilatio est qucedam negatio, delay is a kind of
denial: And when all these meet, it is both
JUSTICE and RIGHT.

9. We will not deny 52 or delay any man, &c.
These words have been excellently expounded
by latter Ads of Parliament, that by no means
Common Right or Common Law should be
disturbed, or delayed, no, though it be com-
manded under the Great Seal, or Privy Seal,
Order, Writ, Letters, Message, or Command-
ment whatsoever, either from the King, or any
other, and that the Justices shall proceed, as if
no such Writs, Letters, Order, Message, or other

Wfte Comment

Commandment were come to them. All 53 our
Judges swear to this for it is part of their oaths,
so that if any shall be found wresting the Law
to serve a Court's turn, they are perjured, as
well as unjust. The common laws of the
Realm should by no means be delayed, for the
Law is the surest sanctuary that a man can take,
and the strongest fortress to protect the weakest
of all; Lex est tutissima cassis, the Law is a
most safe head-piece, and sub clypeo Legis nemo
decipitur, no man is deceived whilst the Law is
his buckler; but the King may stay his own
suit, as a capias pro fine, for he may respite his
fine, and the like.

All protections that are not legal, which
appear not in the register, nor warranted by
our Books, are expressly against this branch,
nulli differemus, we will not delay any man ; as
a protection under the Great Seal granted to

any man, directly to the Sheriff, 54 &c, and

CJe Comment

commanding them, that they shall not arrest
him, during a certain time at any other man's
suit, which hath words in it, per prarogativam
nostram, quant nolumus esse arguendam, by Our
Prerogative, which We will not have disputed ;
yet such protections have been argued by the
Judges, according to their oath and duty, and
adjudged to be void ; as Mich, n Henry VII.
Rot. 124, a protection granted to Holmes a
vintner of London, his factors, servants and
deputies, &c, resolved to be against law;
Pasch. j Henry VI I L Rot. 66, such a protec-
tion disallowed, and the Sheriff amerced for
not executing the writ; Mich. 13 and 14
Elizabeth, in Hitchcock 's Case, and many
other of latter time : and there is a notable
Record of antient time in 22 Elizabeth 1.
jfohn de MarshalPs Case; Non pertinet ad vice-
comitem de proteStione Regis judicare, into ad
Curiam.

ffije Comment

Justice or Right," We shall not sell, denyor
delay Justice and Right, neither the end, which
is Justice, nor the mean whereby we may attain
to the end, and that is the Law.

Right is taken here for Law, in the same
sense that Justice 56 often is so called,

i. Because it is the right line, whereby jus-
tice distributive is guided and directed, and
therefore all the Commissioners of Oyer and
Terminer, of Goal-delivery, of the Peace, &c.
have this clause, fa&uri quod ad justitiam perti-
net, secundum kgem et consuetudinem Anglia, that
is, to do justice and right, according to the rule
of the law and custom of England; and that
which is called Common Right in 2 Edward
the Third is called Common Law in 14 Eliza-
beth, 3, &c, and in this sense it is taken,
where it is said, Ita quod stet ReBo in Curia,
id est Legi in Curia,

2. The Law is called ReEtum, because it dis-

€ je Comment

covereth, that which is tort, crooked or wrong,
for as Right signifieth Law, so tort, crooked or
wrong signifieth injury, and injuria est contra
jus y injury is against right : reSla tinea est index
sui et obliquiy a right line is both declaratory of
itself and the oblique, hereby the crooked cord
of that which is called discretion appeareth to
be unlawful, unless you take it, as it ought to
be, discretio est discernere per Legem, quid sit
justum, discretion is to discern by the Law
what is just.

3. It is called Right, because it is the best
Birth-right the Subject hath, for thereby his
goods, lands, wife and children, his body, life,
honour and estimation are protected from in-
jury and wrong : major hereditas venit unicui-
que nostrum a jure et legibus, quam a parenti-
busy a greater inheritance descends to us from
the laws, than from our progenitors.

Thus far the very words 57 of that oracle of

©Je (tommmt

our law, the sage and learned Cook ; which so
fully and excellently explains this incomparable
Law, that it will be superfluous to add any
thing further thereunto.

$i Gonfinuation of ti^e Cflfjartetf

of tije J3jw#t mabe^nno jr#ti
©Cbtoarbl*

DWARD, 1 by the Grace of God,
King of England, Lord of Ire-
land, and Duke of Guian 3 to all
those that these present Letters
shall hear or see, Greeting. Know ye, that
We, to the Honour of God, and of Holy
Church, and to the profit of our Realm,
have granted for Us and our Heirs, that the
Charter of Liberties, and the Charter of the
Forest; which were made by common assent 3
of all the Realm, in the time of King Henry

$ Confirmation

our Father, shall be kept in every point with-
out breach.

(2) And We will that the same Charter 4
shall be sent under our Seal, as well to our
Justices of the Forest, as to others, and to all
Sheriffs of Shires, and to all our other Officers,
and to all our Cities throughout the Realm,
together with our Writs, in the which it shall
be contained, that they cause the foresaid
Charters to be published, and to declare to
the People, that We have confirmed them in
all points.

(3) And that our Justices, Sheriffs, Mayors,
and other Ministers, which under Us have
the laws of our land to guide, shall allow the
said Charters pleaded before them in Judg-
ment in all their points, that is to wit, the
Great Charter as the Common Law, and the
Charter of the Forest, for the wealth of our

Realm. 5

& Confirmation

CAP. II.

JUDGMENTS GIVEN AGAINST THE SAID CHARTERS
SHALL BE VOID. 6

J ■ ND We will, that if any Judgment be
*J«— ■- given from henceforth contrary to the
points of the Charters aforesaid, by the Jus-
tices, or by any other our Ministers that hold
plea before them against the points of the
Charters, it shall be undone and holden for
nought.

CAP. III.

THE SAID CHARTERS SHALL BE READ IN CATHEDRAL
CHURCHES TWICE IN THE YEAR.

TTND We will, that the same Charters
^•— shall be sent, under our Seal, to
Cathedral Churches throughout our Realm,
there to remain, and shall be read before the
People two times by the year. 7

7»

& Confirmation

CAP. IV.

EXCOMMUNICATION SHALL BE PRONOUNCED AGAINST
THE BREAKERS OF THE SAID CHARTER.

" ' d ■ ND that all Archbishops and Bishops
~3—*~ shall pronounce the sentence of ex-
communication against all those that by word,
deed, or council do contrary to the foresaid
Charters, or that in any point break or undo
them. (2) And that the said Curses be twice
a year denounced and published by the Prelates
aforesaid. (3) And if the same Prelates, 8 or
any of them, be remiss in the denunciation of
the said sentences, the Archbishops 9 of Canter-
bury and York for the time being shall compel
and distrain them to the execution of their
duties in form aforesaid. 10

& Confirmation

CAP. V.

AIDS, TASKS, AND PRISES GRANTED TO THE KING
SHALL NOT BE TAKEN FOR A CUSTOM.

' J 1 ND for so much as divers People of
**•—■- our Realm are in fear, that the Aids
and Tasks which they have given to Us before
time, towards our Wars, and other business,
of their own grant and good will (howsoever
they were made) might turn to a bondage to
them and their heirs, because they might be at
another time found in the Rolls, and likewise
for the prises taken throughout the Realm by
our Ministers: 11 (2) We have granted for Us
and our Heirs, that We shall not draw such
Aids, Tasks nor Prises into a Custom, for
anything that hath been done heretofore, be
it by Roll or any other precedent that may be
founden. 12

ft Confirmation

CAP. VI.

THE KING OR HIS HEIRS WILL TAKE NO AIDS OR
PRISES, BUT BY THE CONSENT OF THE REALM,
AND FOR THE COMMON PROFIT THEREOF.

fT^OREOVER We have granted for Us
« ^ * ' - and our Heirs, as well to Arch-
bishops, Bishops, Abbots, Priors, and other
folk of Holy Church, as also to Earls, Barons,
and to all the Commonalty of the Land, that
for no business from henceforth we shall take
such manner of Aids, Tasks nor Prises, but by
the common assent of the Realm, and for the
common profit thereof, saving the antient Aids
and Prises due and accustomed.

CAP. VII.

A RELEASE OF TOLL TAKEN BV THE KING FOR WOOL ;
AND A GRANT THAT HE WILL NOT TAKE THE LIKE
WITHOUT COMMON CONSENT AND GOOD WILL.

ND for so much as the more part of
the Commonalty of the Realm find

% Confirmation

themselves sore grieved with the Maletent' 3 of
Wool, that is to wit, a toll of forty shillings
for every sack of wool, and have made peti-
tion to Us to release the same: We at their
requests have clearly released it, and have
granted 14 for Us and our Heirs, that We shall
not take such things, without their common
assent and good will, saving to Us and our
Heirs the custom of wools, skins and leather,
granted before by the Commonalty aforesaid.
In witness of which things We have caused
these our Letters to be made Patents. Witness
Edward our Son, at London, the tenth day
of October, the five and twentieth year of
our Reign. 15

£ftje Sentence of ffyt OQttjg ajainrt

fi)e Breakers of ttye JSrfide* alwtoe
toritfen

N 1 the Name of the Father, the
Son and the Holy Ghost, Amen.
Whereas our Sovereign Lord the
King, to the Honour of God and of Holy
Church,* and for the common profit of the
Realm, hath granted for Him and his Heirs 3
forever, these Articles above written, Robert,
Archbishop of Canterbury, Primate of all
England, admonisheth all his Province 4 once,
twice and thrice. Because that shortness 5 will
not suffer so much delay, as to give knowledge
to all the People of England 6 of these Presents

Sbtnttmt of tje €Ier gg

in writing. We therefore enjoin all persons, of
what estate soever they be, that they and every
of them, as much as in them is, shall uphold
and maintain these Articles granted by our
Sovereign Lord the King fully 7 in all points.
And all those that in any point do resist or
break, or in any manner 8 hereafter procure,
counsel, or anywise assist to resist or break
those Ordinances, or go about it, by word or
deed, openly or privily, by any manner of pre-
tence or colour: We the aforesaid Arch-
bishop, 9 by our authority in this writing ex-
pressed, do excommunicate and ac curse, 10 and
from the Body of our Lord Jesus Christ, and
from all the Company of Heaven, and from all
the Sacraments of Holy Church, do sequester
and" exclude. 11

N. B. It may be observed that this Curse
is left out of our late printed Statute-Books,

Sentence of tfte Clergg

though inserted at large in that printed in
Volume 3 in Queen Elizabeth's days, anno
1557. There is likewise another like dreadful,
but more full and express Curse, solemnly pro-
nounced before in the time of King Henry
III. which also being omitted in our modern
Statute-Book, I shall here add.

<30fje 0enfence or Gxwit given ty

tfje Bisfyoptf agautfi % Breaker*
at%@reaf Charter

N 1 the Year of our Lord 1253, 2 the

3d day of May, 3 in the Great Hall

of the King 4 at Westminster, in the

presence and by the assent of the Lord Henry,

by the Grace of God 5 King of England,

and the Lords Richard Earl of Cornwall his

Brother, Roger Bigot 6 Earl of Norfolk and

Suffolk, Marshal of England, Humfrey Earl of

Hereford, Henry Earl of Oxford, 7 John Earl

Warren, and other Estates of the Realm of

England :

Sbtnttntt o( tije ttisftops

We Boniface, by the Mercy of God, 8 Arch-
bishop of Canterbury, Primate of all England,
F. Bishop of London, H. of Ely, 9 S. of Wor-
cester, E. of Lincoln, W. of Norwich, G. of
Hereford, W. of Salisbury, W. of Durham,
R. of Exeter, M. of Carlisle, W. of Bath, E.
of Rochester, T. of Saint Davids: Bishops
apparelled in Pontificals, with tapers burning,
against the Breakers of the Church's Liberties,
and of the Liberties or other Customs of the
Realm of England; and namely of 10 those
which are contained in the Charter of the
Common Liberties of England, and Charter of
the Forest, have" denounced the sentence of
excommunication in this form.

By the Authority of Almighty God, the
Father, the Son and the Holy Ghost, and of
the Glorious Mother of God, and perpetual
Virgin,' 2 Mary, of the blessed Apostles Peter

and Paul, and of all Apostles,' 3 and of all

Martyrs, and of blessed Edward, King of Eng-
land, and of all 14 the Saints of Heaven, 15 we
excommunicate, accurse, and from the benefits
of our Holy Mother the Church, we sequester
all those that hereafter willingly and maliciously
deprive or spoil the Church of her Right.

And' 6 all those that by any craft or wili-
ness do violate, break, diminish or change the
Church's Liberties, and free 17 Customs con-
tained in the Charters of the Common Liber-
ties, and of the Forest, granted by our Lord
the King, to Archbishops, Bishops, and other
Prelates of England, and likewise to the Earls,
Barons, Knights, and other Freeholders of the
Realm.

And all 18 that secretly or openly, by deed,
word or counsel, do make Statutes, or observe
them being made, and that bring in Customs,
or keep them when they be brought in, against
the said Liberties or any of them,' 9 and all

those that shall presume to judge against them,
all and every which persons before-mentioned
that wittingly shall commit anything of the
Premises, let them well know, that they incur
the foresaid Sentence, ipso fado. 20

So zealous were our ancestors to preserve
their Liberties from encroachments, that they
employed all the strength of human policy
and religious obligations to secure them entire
and inviolate: and I 31 declare ingenuously, I
would not for the world incur this Curse, as
every man deservedly doth, that offers violence
to the fundamental freedoms thereby repeated
and confirmed.

JOt Statute mabe JHnno jr# to

Gitoatd *X-.amm0tdp ttitttb be
Gatfajio turn Goncefren&o

CAP. I.

THE KING 1 OR HIS HEIRS SHALL HAVE NO TALLAGE
OR AID WITHOUT CONSENT OF PARLIAMENT. 3

*f^VO Tallage 3 or Aid shall be taken or
'**»£' levied by Us or our Heirs in our
Realm, without the good will and assent of
Archbishops, Bishops, Earls, Barons, Knights,
Burgesses, and other Freemen of the Land.

CAP. II.

NOTHING SHALL BE PURVEYED TO THE KING'S USE
WITHOUT THE OWNER'S CONSENT.

O Officer of ours or of our Heirs, shall
take Corn, Leather, Cattle, or any
85

Statute Ire Callagto

other Goods of any manner of person, without
the good will and assent of the party to whom
the Goods belonged.

CAP. III.

NOTHING SHALL BE TAKEN OF SACKS OF WOOL BY
COLOUR OF MALETOLT.

ig^VOTHING from henceforth shall be
*■**-»£' taken of sacks of wool, by colour or
occasion of maletent. 4

CAP. IV.

ALL LAWS, LIBERTIES, AND CUSTOMS CONFIRMED.

£ £ | £ will and grant for Us and our Heirs,

VXA- that all Clerks and Lay-men of our

Land, shall have their laws, liberties, and free

customs as largely and wholly as they have

used to have the same at any time when they

had them best. (2) And if any Statutes have

been made by Us or our Ancestors, or any

customs brought in contrary to them, or any

Statute lie Caltagio

manner of article contained in this present
Charter, We will and grant, that such manner
of Statutes and Customs shall be void and frus-
trate for evermore.

CAP. V.

PARDON GRANTED TO CERTAIN OFFENDERS.

(T\ OREOVER, We have pardoned 5 Hum-
• frey Bohun, Earl of Hereford and

Essex, Constable of England, 6 Roger Earl of
Norfolk and Suffolk, Marshal of England, 7 and
other Earls, Barons, Knights, Esquires, and
namely John de Ferrariis, 8 with all other being
of their fellowship, confederacy and bond, and
also to all other that hold twenty pounds land
in our Realm, whether they hold of Us in
chief, or of other, that were appointed at a
day certain to pass over with us into Flanders,
the rancour and evil will born against Us,
and all other Offences, if any they have com-

Statute lie CaUagto

mitted 9 against Us, unto the making of this
present Charter.

CAP. VI.

THE CURSE OF THE CHURCH SHALL BE PRONOUNCED
AGAINST THE BREAKERS OF THIS CHARTER.

J 1 ND for the more assurance of this
•J-— 1 - thing, We will and grant, that all
Archbishops and Bishops forever shall read this
present Charter in their Cathedral Churches
twice in the year, and upon the reading there-
of in every of their Parish Churches shall
openly denounce accursed all those that wil-
lingly do procure to Be done anything contrary
to the tenor, force, and effecl of this present
Charter in any point. 10 (2) In witness of
which thing, We have set our Seal to this
present Charter, together with the Seals of the
Archbishops, Bishops, &c, which voluntarily
have sworn" that, as much as in them is, they

shall observe the tenor of this present Charter."

^eGommmt

HE' word Tallage is derived from
the French word Tai/kr, to share
or cut out a part, and is metaphor-
ically used for any charge, when the King
or any other does cut out or take away any
part or share out of a man's estate ; and being
a general word, it includes all subsidies, taxes,
tenths, aids, impositions, or other charges
whatsoever.

The word M aletot signifies an evil (*. e.
unjust) toll, custom, imposition, or sum of
money.

The occasion of making this Statute, was
this, King Edward being injured by the French
King, resolves to make war against him, and in

order thereunto requires of Humfrey le Bohun

fffte €ommtnt

Earl of Hereford and Essex, and Constable of
England, and of Roger Bigot, Earl of Norfolk
and Suffolk, and Marshal of England, and of
all the Earls, Barons, Knights, Esquires, and
Freeholders of twenty pounds land, whether
they held of him in Capite, to contribute to-
wards such his expedition, that is, to go in
person, or find sufficient men in their places,
in his army ; which the Constable and Marshal,
and many of the Knights and Esquires, and
especially this John Ferrers taking part with
them and all the Free men, 3 stoutly denied,
unless it were so ordained and determined by
common consent in Parliament, according to
law. 3 And it seems the contest grew so hot,
that Baker's Chronicle,^/. 99/ relates a strange
dialogue that passed between them, viz,, that
when the Earl Marshal told the King, that if
his Majesty pleased to go in person he would

then go with him, and march before him in

€&e Comment

the vanguard, as by right of inheritance he
ought to, but otherwise he would not stir.
The King told him plainly, he should go with
any other, though he went not himself in per-
son. I am not so bound (saith the Earl)
neither will I take that journey without you.
The King swore, By God, Sir Earl, you shall
either go or hang. And I swear by the same
Oath (said the Earl) I will neither go nor
hang. And so the King was forced to dis-
patch his expedition without them. And yet
(saith my Lord Cook. 5 ) although the King had
conceived a deep displeasure against the Con-
stable, Marshal, and others of the nobility,
gentry, and Commons of the Realm, for deny-
ing that which he so much desired, yet for
that they stood in defence of their laws, lib-
erties, and free customs, the said King Ed-
ward the First, who (as Sir William Herle, 6
Chief Justice of the Common Pleas, who lived

9»

€f)e Qommtnt

in his time, and served him, said in the time
of King Edward the Third) was the wisest
King that ever was, did after his return from
beyond the seas, not only consent to this Stat-
ute, 7 whereby all such tallages and* impositions
are forbidden for the future, but also passes a
pardon to the said Nobles, &c, of all rancour,
ill will and transgressions, if any they have
committed, which last words were added, lest
by acceptance of a pardon of transgressions,
they should implicitly confess that they had
transgressed: so careful were the Lords and
Commons in former times to preserve the an-
cient laws, liberties and free customs of their
Country.

Jf&x <3&b*teatt of t^e Patent

Perm anb ^ii^eita? anb JSClCijjpnd

do give and grant (upon di-
vers considerations) to William
Penn his heirs and assigns for-
ever all that trad of land in
America with all Islands thereunto belonging
That is to say from the beginning of the for-
tieth degree of north latitude unto the forty-
third of north latitude whose eastern bounds
from twelve English miles above New-Castle
(alias Delaware Town) runs all along upon
the side of Delaware River.

2. Free and undisturbed use and passage
into and out of. all harbours, bays, waters,

QLi)t patent to JJetm

rivers, isles and inlets belonging to or leading
to the same, together with the soil fields woods
underwoods mountains hills fens isles lakes
rivers waters rivulets bays and inlets situate in
or belonging unto the limits and bounds afore-
said, together with all sorts of fish, mines, met-
tles,* &c. To have and to hold to the only
behoof of the said William Penn his heirs and
assigns forever. To 3 be holden of Us as of
our Castle of Windsor in free and common
socage paying only two Beaver skins yearly. 4

3. And of our further grace We have
thought fit to eredfc and We do hereby ered
the aforesaid country and islands into a Prov-
ince and Seigniory and do call it Pennsyl-
vania and so from henceforth We will have it
called.

4. That reposing special confidence in the
wisdom and justice of the said William Penn
We do grant to him and his heirs and their

Cfte {latent to JJeittt

deputies for the good and happy government
thereof to ordain and enacl: and under his and
their seals to publish any laws whatever for the
publick uses of the said Province by and with
the advice and approbation of the Freeholders
of the said country or their delegates so 5 as
they be not repugnant to the law of this. Realm
and to the faith and allegiance due unto Us by
the Legal Government thereof.

5. Full power to the said William Penn,
&c, to appoint judges lieutenants 6 justices
magistrates and officers for what causes soever
and with what power and in such form as to
him seems convenient also to be able to pardon
and abolish crimes and offences 7 and to do
all and every other thing that to the complete
establishment of justice unto courts and tribu-
nals, forms of judicature, and manner of pro-
ceedings do belong. And our pleasure is and
so We enjoin and require that such laws and

Cije patent to ftetm

proceedings shall be most absolute and avail-
able in law; and that all the liege people of
Us our Heirs and Successors inviolably keep
the same in those parts saving to Us final ap-
peals. 8

6. That the laws for regulating property as
well for the descent of lands as enjoyment of
goods and chattels and likewise as to felonies
shall be the same there as here in England
until they shall be altered by the said William
Penn his heirs or assigns and by the Free men
of the said Province or their delegates or depu-
ties or the greater part of them.

7. Furthermore 9 that this new Colony may
the more happily increase by the multitude of
people resorting thither; therefore, We, for
Us, our Heirs and Successors, do hereby grant
Licence to all the liege People, present and
future, of Us, &c. (excepting such as shall be

specially forbidden) to transport themselves

Qftt patent to JJmn

and families into the said Country there to
inhabit and plant for the publick and private
good.

8. Liberty' 9 to transport what goods or
commodities are not forbidden, paying here
the legal customs due to Us, &c.

9. Power" to divide the Country into
Counties Hundreds and Towns, to incor-
porate towns into Boroughs, and Boroughs
into Cities, to make fairs and markets, with
convenient privileges according to the merits"
of the inhabitants, or the fitness of the place.
And to do all other thing or things touching
the premises which to the said William Penn
his heirs or assigns shall seem meet and requi-
site ' y albeit they be such, as of their own nature
might otherwise require a more special com-
mandment and warrant than in these presents
is expressed.

10. Liberty 13 to import the growth or

fffje patent to JJeim

manufactures of that Province into England
paying here the legal duty.

ii. Power 14 to erect Harbours Creeks Ha-
vens Keyes 15 and other places of merchandizes
with such jurisdiction and privileges as to the
said William Penn, &c, shall seem expedient.

12. Not 16 to break the Ads of Navigation,
neither Governour nor Inhabitants, upon the
penalties contained in the said Ads.

13. Not 17 to be in league with any Prince
or Country that is in war against Us our Heirs
and Successors.

14. Power 18 of safety and defence in such
way and manner as to the said William Penn,
&c, seems meet.

15. Full' 9 power to assign alien grant de-
mise or enfeoff of the premises so many and
such parts and parcels to those that are willing
to purchase the same as the said William Penn

thinks fit to have and to hold to them the said

ftije ty&ttnt to JJetm

persons their heirs or successors 20 in fee simple,
or fee tail, or for term of life, or lives, or years,
to be held of the said William Penn, &c, as of
the said Seigniory of Windsor by such services
customs and rents as shall seem fit to the said
William Penn his heirs and assigns and not
immediately of Us our Heirs or Successors
and that 31 the said persons may take the prem-
ises or any parcel thereof of the said William
Penn, &c, and the same hold to themselves
their heirs and assigns the Statute Quia Emp-
tores Terrarum 22 in any wise notwithstanding.

16. We 23 give and grant licence to any of
those persons to whom the said William Penn,
&c, has granted any estate of inheritance 34 as
aforesaid with the consent of the said William
Penn to erect any parcel of lands within the
said Province into manors to hold Courts Baron
and View of Frank-pledge, &c, by themselves
or stewards.

Qftt Patent to JJetm

17. Power 25 to those persons to grant to
others the same tenures in fee simple or other-
wise to be held of the said Manors respectively
and upon all further alienations the land to be
held of the Manor that it held of before the
alienation.

18. We 26 do covenant and grant to and
with the said William Perm his heirs and as-
signs that We will not set or make any custom
or other taxation upon the inhabitants of the
said Province upon lands houses goods chattels
or merchandizes except 27 with the consent of
the Inhabitants and Governour.

19. A 28 charge that no Officers nor Minis-
ters of Us our Heirs and Successors do presume
at any time to attempt any thing to the contrary
of the premises, or in any sort withstand the
same ; but that they be, at all times, aiding to
the said William Penn and his heirs and to the

inhabitants and merchants their factors and

100

E$t patent to Perot

assigns in the full use and benefit of this our
Charter.

20. And 29 if any doubts or questions shall
hereafter arise about the true sense or meaning
of any word clause or sentence contained in
this our Charter We will, ordain, and com-
mand, that at all times and in all things such
interpretation be made thereof and allowed in
any of our Courts whatsoever as shall be ad-
judged most advantageous and favourable to
the said William Penn his heirs and assigns:
so as it be not against the Faith and Allegiance
due to Us our Heirs and Successors. In Wit-
ness whereof We have caused our Letters to be
made Patents. Witness ourself at Westminster
the fourth day of March, 30 Anno Domini 1681.

101

Qfye Jzfeime of ffye (gftftentmrnt of

f&eiQnfomj* of &ermj^toaroa aid
vXftriforugi tfjfTfttnfo anntitifr in

T0 all persons* to whom these Presents may come;

HEREAS King Charles the Sec-
ond by his Letters Patents under
the Great Seal of England, bear-
ing date the fourth day of March,
in the thirty third year of the King, for divers
considerations therein mentioned, hath been
graciously pleased to give and grant unto me
William Penn, by the name of William Penn,
Esquire, son and heir of Sir William Penn
deceased, and to my heirs and assigns for ever,

all that trad of land or Province called Penn-

103

ftfj* jTrame of (Sobemntent

sylvania, in America, with divers great powers,
pre-eminences, royalties, jurisdictions, and au-
thorities, necessary for the well-being and
good* government thereof: and whereas the
King's dearest brother James Duke of York
and Albany, &c. by his deeds of feoffment
under his hand and seal, duly perfected, bear-
ing date the four and twentieth day of August,
one thousand six hundred and eighty two he
hath granted 3 unto me the said William Penn
my heirs and assigns all that trad of land,
lying and being from twelve miles northward
of Newcastle upon Delaware river, in America,
to Cape Henlopen upon the said river and bay
of Delaware, southward, together with all roy-
alties, franchises, duties, jurisdictions, liberties
and privileges thereunto belonging.

Now, know ye, That for the well-being and
good 4 government of the said Province and

territories thereunto annexed ; and for the en-

104

&%t JFrame ot Gobtxmmnt

couragement of all the free men and planters
that may be therein concerned, in pursuance
of the rights and powers afore-mentioned, I
the said William Penn have declared, granted
and confirmed, and by these presents for me,
my heirs and assigns, do declare, grant and
confirm unto all the free men, planters, and
adventurers of, in, and to, the said Province
and territories thereof, these liberties, fran-
chises and properties, so far as in me lieth, to
be held, enjoyed and kept by the free men,
planters and adventurers of and in the said
Province of Pennsylvania and territories there-
unto annexed, for ever.

NUMBER OF COUNCIL AND ASSEMBLY. 5

CHAT the government of this Province
and territories thereof, shall, from time

to time, (according to the powers of the Pat-

105

B$t Jprame of iSobernment

ent, and deeds of feoffment aforesaid,) consist
of the Proprietary and Governour, and the
free men of the said Province and territories
thereof in the form of a Provincial Coun-
cil and Assembly; which Provincial Council
shall consist of eighteen persons, being three
out of each County; and which Assembly
shall consist of thirty six 6 persons, being six out
of each County, men of most note, for virtue,
wisdom, and ability, by whom all laws shall be
made, officers chosen and publick affairs trans-
acted, as is hereafter limited and declared.

II.

ELECTIONS REGULATED. 7

*^ I 'HERE being three persons already chosen
^-^ for every respective County of this
Province, and territories thereof, to serve in

the Provincial Council, one of them for three

106

W&e JFrante ot Gotoxnmmt

years, one for two years, and one for one year,
and one of them being to go off yearly in
every County: that on the tenth day of the
first month, yearly, for ever after, the free men
of the said Province and territories thereof,
shall meet together in the most convenient
place in every County of this Province and the
territories thereof, and then and there chuse
one person, qualified as aforesaid, in every
County, being one third of the number to
serve in Provincial Council, for three years;
it being intended, that one third of the whole
Provincial Council consisting and to consist of
eighteen persons, falling off yearly, it shall be
yearly supplied by 8 such new yearly elections,
as aforesaid, and that one person shall not con-
tinue in longer than three years; and in case
any member shall decease before the last elec-
tion, during his time, that then, at the next

eledion ensuing his decease, another shall be

107

Cfte JFramc of (Sobcrnment

chosen to supply his place for the remaining
time he was to have served, and no longer.

III.

ROTATION.

'^i'HAT, after the first seven years, every
^--*- one of the said third parts, that goeth
yearly off, shall be incapable of being chosen
again for one whole year following, that so all
that are capable and qualified, as aforesaid,
may be fitted for government, and have a share
of the care and burthen of it.

IV*.

QUORUM SETTLED.

'^i'HAT the Provincial Council in all cases
^--*- and matters of moment, as their argu-
ing upon bills to be past into laws, or proceed-
ings about erecting of courts of justice, sitting

in judgment upon criminals impeached, and

108

fffte JFrame of 4£obentment

choice of officers in such manner as is herein
after expressed, not less than two thirds of the
whole, shall make a quorum, and that the con-
sent and approbation of two thirds of that
quorum shall be had in all such cases or mat-
ters of moment; and that in all cases and
matters of lesser moment, one third of the
whole shall make a quorum, the majority of
which shall and may always determine in such
cases and causes of lesser moment.

BILLS TO BE PREPARED, &C

*^ I ' HAT the Governour and Provincial
V-A. Council shall have the power of pre-
paring and proposing to the Assembly hereafter
mentioned, all bills which they shall see need-
ful, and that shall, at any time, be past into
laws, within the said Province and territories

thereof; which bills shall be published, and af-

109

fffje JFrame of 4£obermnettt

fixed to the most noted place in every County
of this Province and the territories thereof,
twenty days before the meeting of the Assem-
bly, in order to passing them into laws.

VI.

EXECUTIVE POWER IN GOVERNOUR AND COUNCIL.

CHAT the Governour and Provincial
Council shall take care that all laws,
statutes and ordinances which shall at any time
be made within the said Province and terri-
tories, be duly and diligently executed.

VII.

WHO ARE TO HAVE CARE OF THE PUBLICK SAFETY, $C.

*^ i ' HAT the Governour and Provincial
V_A. Council shall, at all times, have the
care of the peace and safety of this Province,
and territories thereof, and that nothing be, by
any person, attempted to the subversion of this
Frame of Government.

Cfte Jframe of 4£obemment

VIII.

AND TO ORDER THE SITUATION OF TOWNS, ROADS, &C.

*^ i * HAT the Governour and Provincial
^-^- Council shall, at all times, settle and
order the situation of all cities and market-
towns in every County, modelling therein all
publick buildings, streets, and market-places,
and shall appoint all necessary roads and high-
ways in this Province and territories thereof.

IX.

AND TO INSPECT THE TREASURY.

CHAT the Governour and Provincial
Council shall, at all times, have power
to inspect the management of the publick
Treasury, and punish those who shall convert
any part thereof to any other use, than what
hath been agreed upon by the Governour, Pro-
vincial Council and Assembly.

fffte JTrame of iSoberttmcttt
x.

AND TO ERECT SCHOOLS.

«^i'HAT the Governour and Provincial
^->*- Council shall ere& and order all pub-
lick schools, and encourage and reward the
authors of useful sciences, and laudable in-
ventions in the said Province and territories
thereof.

XI.

ONE THIRD OF THE COUNCIL WITH THE GOVERNOUR,

THEIR POWERS.

a HAT one third of the Provincial 9 Coun-
cil residing with the Governour, shall,
with the Governour, from time to time, have
the care of the management of all publick
affairs, relating to the peace, justice, treasury,
trade and 10 improvement of the Province and
territories, and to the good education of youth,

112'

fffte JFrame of Gobtxnmmt

and sobriety of the manners of the inhabitants
therein, as aforesaid.

XII.
governour's power limited.
<^yHAT the Governour or his Deputy shall
V--*- always preside in the Provincial Coun-
cil, and that he shall, at no time, therein per-
form any publick ad of state whatsoever, that
shall or may relate unto the justice, trade,
treasury or safety of the Province, and terri-
tories as aforesaid, but by and with the advice
and consent of the Provincial Council thereof.

XIII.

ELECTIONS REGULATED. PLACE OF MEETING. ORDER
OF PASSING BILLS.

" J 1 ND to the end that all bills prepared
^J*— 1 - and agreed by the Governour and
Provincial Council, as aforesaid, may yet have

fffte JFrame of &obtmmmt

the more full concurrence of the free men of
the Province and territories thereof, it is de-
clared, granted and confirmed, that at the time
and place in every County, for the choice of
one person to serve in Provincial Council, as
aforesaid, the respective members thereof at
their said meeting, shall yearly chuse out of
themselves six persons of note, for their" vir-
tue, wisdom and ability, to serve in Assembly,
as their representatives, who shall yearly meet
on the tenth day of the third month, in the
capital town or city of the said Province, un-
less the Governour and Provincial Council shall
think fit to appoint another place to meet in,
where, during eight days, the several members
may freely confer with one another, and if any
of them see meet, with a committee of the
Provincial Council, which shall be, at that
time, purposely appointed, to receive from any

of them proposals for the alteration, or amend-

114

ttfte JFrame* ot (Sobernment

ment, of any of the said proposed and promul-
gated bills j and on the ninth day from their so
meeting, the said Assembly, after the reading
over of the proposed bills by the Clerk of the
Provincial Council, and the occasions and mo-
tives for them being opened by the Governour,
or his Deputy, shall, upon the Question by him
put, give their affirmative or negative, which to
them seemeth best, in such manner as is here-
after expressed: but not less than two thirds
shall make a quorum in the passing of all bills
into laws, and choice of such officers as are by
them to be chosen.

XIV.

STILE OF THE ASSEMBLY.

«^|'HAT the laws so prepared and proposed,
^-^ as aforesaid, that are assented to by
the Assembly, shall be enrolled as laws of this
Province and territories thereof, with this Stile,

fffte JFrame of Gobtxttmrnt

By the Governour, with the assent and approba-
tion of the free men in Provincial Council and
Assembly met, and from henceforth the meeting,
sessions, a&s and proceedings of the Govern-
our, Provincial Council, and Assembly shall be
stiled and called, The meeting, sessions, aBs"
and proceedings of the General Assembly of the
Province of Pennsylvania, and the territories
thereunto belonging,

XV.

NUMBER OF REPRESENTATIVES TO 8E INCREASED, &C.

" A 1 ND that the Representatives of the
*J«— ■- People, in Provincial Council and
Assembly, may, in after ages, bear some pro-
portion with the increase and multiplying of
the people, the numbers of such Representa-
tives of the people may be, from time to time,
increased and enlarged, so as at no time the

number exceed seventy two for the Provincial

116

€f)t Jprame ot Gobtxntnmt

Council, and two hundred for the Assembly;
the appointment and proportion of which
number, as also the laying and methodizing
of the choice of such Representatives in future
time, most equally to the division of the Coun-
try, or number of the inhabitants, is left to the
Governour and Provincial Council to propose,
and the Assembly to resolve ; so that the order
of rotation 13 be stridly observed, both in the
choice of the Council, and the respective com-
mittees thereof, viz. one third to go off, and
come in yearly.

XVI.

COURTS OF JUSTICE TO BE ERECTED, AND PUBLICK
OFFICERS CHOSEN.

CHAT from and after the death of this
present Governour, the Provincial
Council shall together with the succeeding

Governour, eredt, from time to time, standing

117

fffte JFrante of Gobtxnmmt

Courts of Justice, in such places and number
as they shall judge convenient for the good
government of the said Province and terri-
tories thereof: and that the Provincial Coun-
cil shall on the thirteenth day of the second
month, then next ensuing, ele& and present
to the Governour, or his Deputy, a double
number of persons, to serve for Judges, Treas-
urers, and Masters of the Rolls, within the said
Province and territories, to continue so long
as they shall well behave themselves, in those
capacities respectively ; and the free men of
the said Province, in Assembly met, shall on
the thirteenth day of the third month, yearly,
eled, and then present to the Governour, or
his Deputy, a double number of persons to
serve for Sheriffs, Justices of the Peace, and
Coroners for the year next ensuing, out of
which respective elections and presentments

the Governour, or his Deputy, shall nominate

118

fffte JFrame ot 4£obewment

and commissionate the proper number for each
office, the third day after the said respective
presentments, or else the first named in such
presentment, for each office, as aforesaid, shall
stand and serve in that office, the time before
respectively limited, and in case of death or
default, such vacancy shall be supplied by the
Governour and Provincial Council in manner
aforesaid.

XVII.

CONTINUANCE OF THE ASSEMBLY.

CHAT the Assembly shall continue so
long as may be needful to impeach
criminals, fit to be there impeached ; to pass
such bills into laws as are proposed to them,
which they shall think fit to pass into laws;
and till such time as the Governour and Pro-
vincial Council shall declare that they have

nothing further to propose unto them, for their

119

fffte JFrame of 4£obentment

assent and approbation; and that declaration
shall be a dismiss to the Assembly, for that
time, which Assembly shall be, notwithstand-
ing, capable of assembling together, upon the
summons of the Governour and Provincial
Council, at any time, during that year, if the
Governour and Provincial Council shall see
occasion for their so assembling.

XVIII.

BALLOT AND VOTE.

CHAT all the elections of Members or
Representatives of the People, to serve
in Provincial Council and Assembly, and all
questions to be determined by both, or either
of them, that relate to the choice of officers,
and all, or any other personal matters, shall be
resolved and I4 determined by the ballot ; and

all things relating to the preparing and passing

120

8$e JFrame ot Gobtxnmmt

of bills into laws, shall be openly declared and
resolved by the vote.

XIX.

PROVINCIAL COUNCIL TO APPOINT GUARDIANS, &C.

«^ i 'HAT, at all times, when the Proprietary
V--Aw and Governour shall happen to be an
infant, and under the age of one and twenty
years, and no guardian or commissioners are
appointed in writing by the father of the said
infant, or that such guardian shall be deceased,
that during such minority, the Provincial Coun-
cil shall, from time to time, as they shall see
meet, constitute and appoint guardians and
commissioners, not exceeding three, one of
which shall preside as deputy and chief guar-
dian, during such minority, and shall have and
execute, with the consent of one of the other
two, all the power of a Governour in all pub-
lick affairs and concerns of the said Province

121

Cfte Jframe of &obtxnmtrtt

and territories thereof, according to Charter;
which said guardian so appointed shall also
have the care and over-sight of the estate of
the said minor, and be yearly accountable and
responsible for the same to the Provincial
Council, and the Provincial Council to the
minor, when of age, or to the next heir, in
case of the said' 5 minor's death, for the trust
before expressed.

XX.

PUBLICK BUSINESS NOT TO BE DONE ON THE LORD'S

DAY.' 6

CHAT as often as any days of the month
mentioned in any article of this Char-
ter shall fall upon the First day of the week,
commonly called the Lord's Day, the business
appointed for that day, shall be deferred till
the next day, unless in cases of emergency.

122

Cfte JTrame ot (Sobernment

XXI.

alien's estate to descend to his heirs, &c.

/ I ND for the satisfaction and encourage-
*J—*- ment of all aliens, I do give and
grant, that if any alien, who is, or shall be a
purchaser, or who doth, or shall, inhabit in
this Province or territories thereof, shall de-
cease at any time before he can well be nat-
uralized, his right and interest therein shall
notwithstanding descend to his wife and chil-
dren, or other his relations, be he testate or
intestate, according to the laws of this Prov-
ince and territories thereof, in such cases pro-
vided, in as free and ample manner, to all
intents and purposes, as if the said alien had
been naturalized.

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©fte JTrame ot <5£obernment

XXII.

PRIVILEGE OF HUNTING, &C.

" J ■ ND that the inhabitants of this Prov-
•^•-■- ince and territories thereof, may be
accommodated with such food* and sustenance
as God, in His Providence, hath freely afforded,
I do also further grant to the inhabitants of this
Province and territories thereof, liberty to fowl
and hunt upon the lands they hold, or 17 all
other lands therein, not inclosed, and to fish,
in all waters in the said lands, and in all rivers
and rivulets in, and belonging to, this Province
and territories thereof, with liberty to draw his
or their fish to shore on any man's lands, so as
it be not to the detriment or annoyance of the
owner thereof, except such lands as do lie upon
inland rivulets that are not boatable, or which
are, or may be hereafter ere&ed into Manors.

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Cl)t jFrame ot <&obtvnmmt

XXIII.

POSSESSIONS QUIETED.

HND that all the inhabitants of this Prov-
ince and territories thereof, whether
purchasers or others, may have the last worldly
pledge of my good and kind intentions to them
and theirs, I do give, grant and confirm to all
and every one of them full and quiet enjoy-
ment 18 of their respective lands to which they
have any lawful or equitable claim, saving only
such rents and services for the same, as are, or
customarily ought to be reserved to me, my
heirs and 19 assigns.

XXIV.

CHARTER NOT TO BE ALTERED, UNLESS, &C

<^ i' HAT no ad, law or ordinance whatso-

V^. ever shall, at any time hereafter, be

made or done by the Proprietary and Govern-

125

Cje Jprame of teobttnmtnt

our of this Province and territories thereunto
belonging, his heirs, and 30 assigns, or by the
free men in Provincial Council or Assembly,
to alter, change or diminish the form or effed
of this Charter, or any part or clause thereof
contrary to the true intent and meaning thereof,
without the consent of the Proprietary and Gov-
ernour, his heirs or assigns, and six parts of
seven of the said free men in Provincial Coun-
cil and Assembly met.

XXV.

CONFIRMATION.

TTND lastly, I the said William Penn,
•^•-■- Proprietary and Governour of the
Province of Pennsylvania and territories there-
unto belonging, for my self, 31 my heirs and
assigns, have solemnly declared, granted and
confirmed, and do hereby solemnly declare,

grant and confirm, that neither I, my heirs

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ffije JFrame ot <3obtxnmmt

or assigns shall procure, or do, any thing or
things, whereby the liberties, in this Charter
contained and expressed, shall be infringed or
broken ; and if any thing be procured, by any
person or persons, contrary to these premises,
it shall be held of no force or effect. In Wit-
ness whereof, I, the said William Penn, at
Philadelphia in Pennsylvania, have unto this
present Charter of Liberties set my hand and
broad seal this second day of the second
month, in the year of Our Lord one thou-
sand six hundred and eighty three, being the
five and thirtieth year of the King, and the
third year of my Government.

William Penn.

127

Cje JTrame ot <&obtvnmmt

INDORSED.

GHIS within Charter which we have dis-
tinctly heard read, and thankfully re-
ceived, shall be by us inviolably kept; at
Philadelphia, the second day of the second
month, one thousand six hundred and eighty
three.

The Members of the Provincial Council
present ; M

William Markham, Will. Clayton, James
Harrison, John Moll, Francis Whitwell, 23 John
Hillyard,* 4 Christop. Taylor, Will. Clark, Phil.
Lehmane, Sec, y 2S Will. Haige, Thomas Holme,
John Richardson, John Simcock, William Biles,
Richard Ingelo, Ci. Concilij,

The Members of the Assembly present;

Casparus Harman, William Futcher, Robert

Lucas, John Darby, John Kipshaven, James

128

Cfte JF xantt ot (Sobernment

Williams, Benjamin Williams, Alexander Mole-
stone, 26 John Blunstone, 27 William Guest, Rob-
ert Bracy, 28 John Songhurst, Valentine Hol-
linsworth, 29 Tho. Bracy, John Hill, James
Boyden, Will. Yardly, Nicholas Walln, 30 Be-
nony Biship, 31 John Hastings, Tho. Fitzwater,
John Bezor, 32 Robert Wade, John Clows, 33
John Harding, Fr. Hassold, 34 Luke Watson,
Andrew Brinkstone, 35 John Hart, Joseph
Phips, 36 Simon Irons, Robert Hall, Dennis
Rotchford, Jo. Wood, Robert Bedwell, John
Brinklair, John Curtis, William Simsmore,
Henry Boman, 37 Daniel Brown, Sam, Dark, 38
Cornelius Verhoof. 39

John Southworth, CI, Synod.

Some of the Inhabitants of Philadelphia
then 40 present.

William Howell, Edward Warner, 4 ' Henry

Lewis, Samuel Miles.

129

NOTES

Bote*

INTRODUCTION

1. The fame of Sir John Fortescue (1394?- 1476?) rests
mainly on this dialogue Be Laudibus, which Coke thought
worthy of being written in letters of gold. It was written for
the instruction of Edward Prince of Wales, who was killed
after the battle of Tewkesbury in 1471, with which event
ended the Wars of the Roses. The volume was written about
1470, and first printed in 1537. Fuller, in his "Worthies,"
says Coke's learned " Commentaries on the Law" make him
famous to all posterity.

2. Henry de Bracton (as his name is generally spelled) died
A.D. 1 268. His principal work, entitled De Consuetudinibus et
Legibus Anglut, is a full treatise on legislation and jurisprudence.

MAGNA CHARTA

1. In the heading of this Charter Bradford gives the date of
this important Statute as being confirmed by Edward I. in the
twenty-eighth year of his reign, instead of the five-and-twentieth
year, — namely, November 5, A.D. 1297. The Great Charter,
as altered from the original form in King John's reign, was
passed in the ninth year of Henry III., A.D. 1225.

133

Botes to ittagna ftfjarta

The text of the Great Charter, as given in the reprint, fol-
lows the version in the Queen's Printers' copy of the ** Statutes
at Large from Magna Charta, to the end of the last Parliament,
1761/' edited by Owen Ruffbead, a miscellaneous English
author who lived 1723-1769. This edition was published in
London in eight volumes, A J). 1763, and has the original
Latin or French with a translation in parallel columns. It has
been observed by learned commentators that the old transla-
tion " has obtained a kind of prescriptive authority."

2. This is written Aquitaine in the Latin version. Guienne
or Guyenne is the name frequently given to Aquitaine in its
later history, especially as the name of the government Gui-
enne, or Gascony. According to the Latin, we should read
after Guyan "To all to whom these presents shall come,
Greeting."

3. Bradford omits " Bishops" after the word ** Archbishops."

4. Aquitaine in the Latin version.

5. Both in this Preamble and in divers parts of the body
of the Charter, the king speaks in the plural number, using
u We have granted," and similar expressions. The first king
who wrote in the plural number in his Grants was King John,
father of Henry III. Other kings before him wrote in the
singular number, using Ego, whereas King John and all the
kings after him employed the word Nos.

6. These words " Kings of England" are not in the Latin.

7. The Latin commences, Imprimis.

8. Cap. II. is altogether obsolete, Knights 9 service having
been abolished by 12 Charles II., Cap. XXIV., by which Act
not only luxuriances that had grown out of military tenures

134

Bott* to iftagna €Jarta

were pruned as was done by Magna Charta, but the whole sys-
tem was extirpated and demolished root and branch.

9. Wardship, etc., by reason of tenure, was abolished by
12 Car, II., Cap. XXIV., and consequently this chapter is
obsolete.

10. The words "and recompense therefore" are not in the
Latin.

11. "Warrens, ponds, mills, and other things" should be
translated " fish-ponds, pools, mill-houses, and other things."

12. The first direct mention of the right to sell the Ward in
marriage, or else to receive the price or value of the transaction,
is to be found in the Statute of Merton, passed A.D. 1235. See
20 Henry III., Cap. VI. This right was, of course, originally
intended to apply to female heirs only, but the loose wording
" heirs" in King John's, and afterwards in Henry III.'s Charters,
enabled the king and great lords to extend the claim to heirs
male as well.

13. According to the Latin, after " herself" should be added
44 while she chooses to live single."

14. According to the Latin, " satisfied of that which" should
read " satisfied of the debt which."

15. According to the Latin, the word " principal" should be
inserted before " debtor."

16. The Latin requires "their old" instead of "the old."

17. The words "which it hath been used to have" are not
in the Latin.

18. The assize of novel or recent disseisin was an ancient
common law remedy for the recovery of the possession of
lands. It is no longer in use, as actions for recovery of land

*35

Botes to jfttagna Cfjarta

or rent must, under 3 and 4 William IV., Cap. XXVII., be
brought within twenty years after the right accrues.

19. The writ of assize, De assis. mortis antecessor^, or Mart-
danc esters (as Bradford gives it), was a writ of assize by which
a demandant sued to recover possession of an inheritance
coming from his father or mother, brother or sister, uncle or
aunt, nephew or niece, of which a wrong doer had deprived
him. It was abolished by 3 and 4 William IV., Cap. XXVII.

20. The Latin reads "We, or if We be out of this
Realm."

21. Bradford almost invariably reads "Justices" for the
almost obsolete spelling " Justicers," which was used in Hak-
luyt's " Voyages" and similar works.

22. This writ was used in suits for the determination of
the right of presentation to a benefice, but has been superseded
by the writ of Square impedit.

23. Contenement is that which is connected or held with a
tenement, and necessary to its reputable enjoyment.

24. The forms villein and villain are not really distinguish-
able, and may be regarded as historically one.

25. Wainage is described in Richard Thomson's " Magna
Charta," pages 201 and 202. It comprises the team and imple-
ments necessary for the cultivation of land, which were left free
when a villein was amerced so as not to hinder the proper culti-
vation of land. Richard Thomson was more than thirty years
Librarian of the London Institution. Sir Walter Scott, in one
of his Notes to Waverley, highly praises his Essay on Magna
Charta, to which work the compiler of these Notes is much
indebted.

136

Jlotea to iftafitta €Jarta

26. It is disputed whether this should read " Bridges nor
Banks" or u Bridges at rivers." In some versions of the Char-
ter the Latin reads pontes ad riparias, in others pontes aut
rip arias. The word riparU, moreover, although most com-
monly translated banks, seems to signify a river or water run-
ning between banks.

27. As the word for " Banks" is riparias in the Latin, it is
very questionable whether u Banks" should not read u rivers."
Ruffhead refers the reader to page 30 of Lord Coke's Exposi-
tion of this chapter.

28. For " fee" according to the Latin read u lay-fee." The
words "and testimony" in the following line are interpolated
in the translation and do not occur in the Latin.

29. The Latin word caretta is interchangeably translated
u cart" and " carriage" in this chapter.

30. The Latin is singular, sea-coast, per coster am maris.

31. The Writ mentioned in the Latin was to provide a great
and final remedy for injury to any one by privation of a free-
hold, but when one of the King's Tenants in Chief was dis-
possessed the precept was called a Writ of Precipe in capite.
The Latin employs the word Precipe only.

32. These are two kinds of cloth. One, russets, a monastic
dress made of an inferior kind of cloth spun by rustics and
dyed by them of a dull reddish hue with bark, the name being
probably taken from the Latin russus, or russeus, a kind of red :
the other, halberjects or haberjects, a kind of cloth made in
very early times in England, coarse and thick, of various colors,
is said to have been worn chiefly by monks. In "English
Gilds," page 364, the following is quoted : " and one breadth

*37

Botes to jfttagna €f)arta

of dyed cloth, russets and haberjects, that is to say two yards
within the lists."

33. This chapter was to prevent long imprisonment of
untried persons, and is a sort of prototype of the great Writ of
Habeas corpus, the object of each being to bring accused
persons to trial without extended confinement

34. Petit Serjeanty, sometimes written Petty Scrjeantry,
was a tenure not requiring personal service to the king, but the
rendering of something appropriate to war, as a bow or an
arrow or rent.

35. tt Ferm" is an Old English form of u ferm." Bradford
uses the term " free farm" three times in the chapter. A fee-
farm was land held of a lord or feoffor without homage or any
extraordinary services other than that mentioned in the feoff-
ment, usually the full rent

36. Soccage is derived from the Old French word Soe % a
ploughshare, and signifies a portion of lands held by tenure of
certain inferior offices in husbandry or any conventional services
that were not military.

37. Burgage tenure is defined to be where the King or any
other person is lord of an ancient borough in which the tene-
ments are held by a rent certain.

38. After " of any land" should be inserted (according to
the Latin) " which he holdeth of another by Knights service."

39. The expression u put to his open Law" is equivalent to
putting a person upon his oath, which is the medium furnished
him by the law of proving himself innocent of any charge.
(See Richard Thomson, page 221.)

The Saxons used three principal trials : Wager by Law, by

138

Botes to jfttagna €Jarta

Ordeal, by Jury. Wager by Law received its name from the
similarity it bore to that proof which is called Wager by Bat-
tle ; for, as in the latter instance the defendant gave a pledge or
gage to try the cause by combat, so in the former he entered
sureties or vadios that at a certain day he would take the bene-
fit which the law had provided for him. To put a man to his
Lex manifesto, or Open Law, was to force him to the making
of the Wager of Law to prove himself innocent. Before the
Wager of Law could be demanded of the defendant, the ac-
cuser was obliged beyond his own declaration to produce his
witnesses, whose testimony was to be consistent, and by whom
a probable case was to be made out, and the defendant later
had to produce his witnesses. The actual production of these
witnesses became antiquated in the time of Edward III., and
the names of John Doe and Richard Roe, the common pledges
of prosecution, are all that remain of the " faithful witnesses"
required by this chapter.

40. The words translated " Nor will we not pass upon him,
nor condemn him" (says Ruffhead), do by no means express
the sense of the original nee super eum ibimus nee super eum
mitt emus. The two verbs ibimus and mittemus, which evidently
stand in contradistinction, are "much easier expounded than
translated." Lord Coke expounds them thus : No man shall
be condemned at the King's Suit, either before the King in
his Bench, where the Pleas are coram Rege (and so are the
words nee super eum ibimus to be understood), nor before any
other Commissioner or Judge whatever (and so are the words
nee super eum mittemus to be understood).

41. Bradford uses the word " sea" instead of " water." The

139

Aottft to jfttagna €f)arta

Latin is /*r aquam, and covers the right of strangers to use
the rivers of the country.

42. A tolt in Old English Law meant a Writ whereby a
cause depending in a Court Baron was removed into a County
Court. By this chapter (as Montesquieu in his ** Spirit of
Laws" remarks), the English made the protection of foreign
merchants an article of their national liberty. In the reigns of
Alfred and " Ethelred, foreign merchants could only come to
certain fairs and remain a limited number of days. The word
toll or tolt is derived from the Saxon tolnetum or theobmum %
namely, a payment in markets, towns, and fairs for goods
sold and bought, and the word in this chapter is used in its
widest sense, comprising any manner of custom, subsidy, or
sum of money taken for the importing or exporting of any
wares.

43. According to the Latin the word " such" should be
inserted between the words u and be."

44. According to the Latin this should read " honour of
Wallingford, Boloin, Nottingham, Lancaster or."

45. The Latin reads alibi, and Proud and others translate
it " elsewhere" instead of " otherwise."

46. Rendered obsolete by 12. Charles II., Cap. XXIV.,
which takes away Tenures In capite.

47. This chapter, of course, is obsolete by 31 Henry VIIL,
Cap. XIII S (A.D. 1539), which provided for the dissolution of
monasteries and abbeys.

48. The object of the Appeal or Call (appelkm) lay in cases
of murder, properly so named, and manslaughter. The appeal
had to be brought before the woman married again, and its

140

Hotes to jfttagna C&arta

intent was to compel the defendant to make a pecuniary recom-
pense. Such an appeal, moreover, was required to be made
within a year and a day after the murder.

49. After " (4)" should be inserted (as in the Latin) " But."

50. The Laws of Mortmain have been frequently and
essentially altered by later Acts of Parliament.

51. In Coke's Institutes this Chapter XXX VlL is printed
as two chapters. Chapter XXXVII. comprises from "Escu-
age from henceforth" down to " Grandfather :" and Chapter
XXXVIII. commences at " Reserving to all Archbishops."
Bradford prints the two in one, as is done also in the Statutes at
Large.

52. According to the Latin for " Us and Our Heirs (3) and"
we should read " with respect to Ours."

53. According to the Latin " against all persons" should be
translated " with respect to theirs."

54. The word ** others" is accidentally misprinted " other" in
Ruffhead. The error has been corrected.

5$. After "And" Bradford has omitted the words "We
have granted unto them on the other part that :" Moreover,
according to the Latin, it should read " And We have granted
unto them for Us and Our Heirs that."

56. It is interesting to notice that the sixty-three witnesses
comprised thirty-one Lords Spiritual, namely, twelve Bishops
and nineteen Abbots, with thirty-two of the nobility, namely,
the Chief Justice of England, nine Earls, and twenty-two
Barons.

57. " Lord B" is in the Latin Domino «£, namely Stephen
Langton, Archbishop of Canterbury.

141

Botes to jfttagna €f)arta

58. The Abbot of the celebrated Battle Abbey.

59. Abbotsbury.

60. Lord Coke states this was " Randall," Earl of Chester
and Lincoln.

6i. For « Hereford" the Latin gives " Hertford," and Coke
adopts u Hertford."

62. Coke says this was u Robert Gresly."

63. According to Coke this was " Reignald de Brehus."

64. Coke renders this u John de Movenne."

65. Coke says Peter de Mololacu.

66. After " others," according to the Latin, should be added
4t Given at Westminster the eleventh day of February in the
ninth year of our Reign."

67. For ** and if any article . . . firmly they be observed"
the Latin gives "although some articles in the same Charter
contained have not hitherto perhaps been observed."

68. T. is an abbreviation for u As Witness." As mentioned
below, the Prince Edward signed this Act in his father's absence
in Belgium, he undertaking to obtain his father's signature later.

69. The date is wrong. According to the Latin it reads
"the twelfth day of October in the twenty-fifth year of Our
Reign," but in the parallel translation is printed twenty-eighth.

THE COMMENT

l. Sir Edward Coke, judge and law writer, commonly called
Lord Coke (or Cook, or Cooke, as the name was pronounced
and frequently written in his own day) lived 1553-1634. He
obtained the popular designation " Lord" as a mark of his pre-

*4*

Bote* to Qommtnt

eminence in Westminster Hall. He was not entitled to such a
rank. His work, designated the second part of the " Institutes
of the Laws of England/ 9 is devoted to an explanation of the
ancient Statutes, and commenced with an excellent and exten-
sive commentary on the Magna Charta of the ninth year of
King Henry III. (AJX 1225), whence all subsequent explana-
tions have been derived.

Almost at the end of his long life, in resisting a royal claim
to sovereign power outside of Parliament, he argued, " Take we
heed what we yield unto ; Magna Charta is such a fellow that
he will have no sovereign." (Pari. Hist. II. 357.)

This celebrated second volume of the Institutes was finished
in 1628. On May 12, 1641, it was ordered by the House of
Commons that Coke's heir should publish in print the Com-
mentary on Magna Charta.

2. The writer of the Comment has largely followed Coke's
Proem, and, as will be seen lower, has copied him in many
places word for word.

3. Liberos is inaccurately printed Liberus in the Comment

4. See Note 51 above.

5. From the estimation in which Coke's Reports were held,
they are very frequently quoted as " The Reports." While they
were being published, it has been noted, no other reports ap-
peared, " as it became all the rest of the lawyers to be silent
whilst their oracle was speaking" (5 Mod. Reports VIIL, quoted
in Stephen's Diet, of Nat. Biog. s. v. Coke). They are in thir-
teen parts, the last two of which were published posthumously.
Great as was their fame, they were, in 1742, "done into verse,"
the point of each case being given in a couplet !

143

Botes to <&ommmt

6. This is printed in the Comment " Running Mead be-
tween Saints and Windsor." The large tract of meadow land
where King John and his Peers met, was named Running Mead
or Runnymede, from a stream which flowed through it. It was
also called Council Meadow, from having been in former times
devoted to such purposes. The title Council Meadow or Coun-
cil Mead was probably adopted from the Saxon rune, council.
It is situate on the southwest bank of the Thames, in the
county of Surrey.

7. The best edition of the Chronica Majora of Matthew
Paris, is the copy edited by H. R. Luard in the u Rolls Series,"
published 1872-1882. A popular cheap one is Roger of
Wendover's Chronicles or Flowers of History, Bohn's edition,
1849. The Charter of John is given fully in Luard's edition,
Vol. II. pages 589-606, and in Roger of Wendover, Vol. II.
pages 309-324.

At page 456 of the last named work is an entry of Henry
III.'s Charters of Liberties and of the Forest, dated in 1 225, of
which the Chronicler states, "the contents of these Charters
have been before written in the history of King John's reign,
and the Charters of the two Kings do not differ in any point."
There were, as a slight comparison shows, very material differ-
ences; and notably, in no confirmation of the Charters after
John's reign was included the positively illegal and probably
treasonable clause giving the Barons a right, during default of
the king to observe any part of the Charter, to harass him by
all means in their power and take his castles, saving only the
persons of himself, his queen, and his children.

8. For this Statute, The Charter of the Forest, see Vol. I.

144

Aoteft to Qommtnt

of the Statutes at Large. It immediately follows Magna
Charta. Scte also De Libertatibus Forest* in Luard's edition
of the Chronica Majora, Vol. II. pages 598-602.

9. He succeeded to the throne on the death of John in
1216, when only nine years of age. Stubbs, in his Constitu-
tional History, remarks that King John issued no Charter of
the Forest as is commonly stated, but that the Charter quoted
by Matthew Paris in his name is Henry III.'s Charter of 1225.

io. This is erroneously printed "nineteenth" in Bradford's
edition of the Comment.

11. Hubert de Burgh, third Earl of Kent, was employed
in the service of Richard I. He served King John through-
out his whole reign, and was one of that King's Com-
missioners at the assembly of Runnymede. He was made
Chief Justiciary of England the same day on which John's
Magna Charta was concluded, namely, June 15, 1215. His
services to Henry III. were less highly appreciated. His in-
creasing power in the State antagonized too many interests, and
his enemies finally prevailed against him. In 1239 he resigned
into the King's hands the greater part of his once immense pos-
sessions and temporarily regained his royal master's approval,
but he appeared no more in the public service as a politician
and soldier. He died in 1 243 and was buried in London at
the Church of the Friar Predicants, where Whitehall subse-
quently stood. No trace of his burial-place remains.

12. This paragraph is taken from Coke's Proem, with only
some slight verbal alterations.

13. Henry HI. came to the throne in 1216, when only nine
years of age. The cancellation of the Charters, here named,

145

Jloteft to Qtommtttt

took place in February, 1227, at a Council held at Oxford.
44 On this," says the Chronicler, 44 a great murmur arose amongst
the Council and all decided that the justiciary [Hubert de
Burgh] was the author of this trouble; for he afterwards
became so intimate with the King that all the other council*
lors of the Kingdom were thought nothing of."

14. This is not accurately stated, though the writer of the
Comment has the authority of Coke in his Proem for the
words used.

Hubert de Burgh, then 44 Seneschal of Poictou," was
seventh temporal lord to witness King John's Charter, on
June 15, A.D. 1215, in the seventeenth year of his reign.
He was fourth temporal lord to witness the Great Charter of
Henry III. granted November 12, A JO. 1216, in the first year
of his reign. He was first of the temporal lords to witness
the third Great Charter of Henry III. granted 1225, in the
ninth year of his reign.

15. Hubert de Burgh's power over the Barons must have
been remarkable, for he was invested with the title of Earl
of Kent in 1227 by the advice of the Barons, although only
two years previously the Earl of Chester and the Barons had
signified the King " that unless he did forbear to require their
castles, and to hearken to the counsels of this Hubert (who
then carried himself higher than any nobleman of England)
they would rise up against him, as one man."

16. The writer of the Comment (following Coke's Ian*
guage) overstates the facts. Recollecting how intemperate Lord
Coke was in his invectives, as, for instance, in his prosecution
of Sir W. Raleigh, this is perhaps not remarkable. Although

146

Jloteft to Qommtnt

Hubert de Burgh was deprived of his offices in 1233, his
outlawry was annulled in the following year as unjust and
unlawful, his honours and Earldom were restored, and he was
again made one of the King's counsellors.

17. This reference should be Cap. L of the Statutes passed
in the year AD. 1340. By this Statute it was enacted that the
Great Charter and the Charter of the Forest should be holden
in all points.

18. Part II. of the Institutes was first published (in a sepa-
rate edition) in 1642. The writer of the Comment now takes
up Coke's Notes to Cap. XXIX. of the Charter. (See Second
Institutes, page 45, et seq.)

19. The word perdet is inaccurately printed predit in the
Comment

20. Printed ex instead of et in the Comment.

21. Printed mittimus instead of mittemus in the Comment.

22. This line, as given in the Comment, takes the place of
two paragraphs in Coke's Commentary explaining that he will
proceed to unfold how the same have been declared and in-
terpreted: 1. by authority of Parliament; 2. by our Books;
3. by Precedent. (Second Institutes, page 46.)

23. The words " and construed" are not in Coke, but have
been interpolated by the writer of the Comment.

24. The ** divers Acts of Parliament" are enumerated in the
margin of Coke's Institutes.

25. The word " of" is misprinted " at" in the Comment.

26. This paragraph is enigmatical, if not almost unintelli-
gible, as printed in the Comment. The printer has made omis-
sions as well as run together without stops paragraphs three and

147

Botes to Qommtttt

four of Coke's Commentary. For convenience, Coke's text
has been followed.

27. The words " as aforesaid" are not in Coke.

28. In the Comment etc. y is inserted in place of et.

29. Coke writes " his letters patents" instead of " the letters
patents."

30. In the Comment this word is misprinted " Subject"

31. A paragraph in Coke explanatory of "Customs of the
Realm" follows here, but is omitted in the Comment.

32. The words u that is banished . . . without his consent
or" are an interpolation by the writer of the Comment.

33. This is " Record" in Coke.

34. The explanatory words " in the reign of Richard the
Second" are added by the writer of the Comment. Sir Robert
de Belknap, or Bealknap, died about 1400. In a contest in
1387 between the King and the Parliament as to certain pre-
rogatives, Belknap and certain judges signed a report in favour
of the rights of the King, but were subsequently deprived of
their offices and sent to the Tower by the Parliament on a
charge of treason. They pleaded that they had acted under
compulsion and menace of death. They were sentenced to
death, but the sentence was commuted to one of banishment.
Drogheda was selected as the place of Belknap's exile, and he
was ordered to confine himself within a circuit of three miles
round it. An annuity of £40 was granted for his subsistence.
He was recalled to England in 1397. (See Diet, of Nat. Biog.,
j. v. Bealknap.)

35. As Coke was writing in England, he naturally uses
" this" for " the Realm," as in the Comment.

148

Jloteft to Qommtnt

36. The word " as" is incorrectly printed " or" in the Com-
ment.

37. Coke uses " part" here instead of " parts."

38. The word " which" is incorrectly printed 44 whom" in
the Comment.

39. After the word u Act" Coke inserts various instances
and authorities in support of his argument. These are omitted
in the Comment

40. The words etc. are omitted in the Comment From
this point the writer of the Comment gives an outline only of
Coke's Commentary, many examples adduced by the original
author in proof of his argument and other observations being
omitted. (Second Institutes, page 48.)

41. Bradford prints "limbs" for "limb," and omits "dis-
herited," which in Coke precedes the words "or put to tor-
ture."

42. It is " lawful judgment," as printed in the Comment,
according to the Latin, but Coke omits in his Commentary
both legale before judicium and " lawful" before "judgment"

43. The original note occupies one hundred and twenty-five
long, lines, averaging from thirteen to fourteen words apiece.
(Second Institutes, pages 481-50.) The section as given in
the Comment is practically section 8 of Coke's annotation on
Chapter XIV. of Magna Charta.

44. The writer of the Comment here omits from Coke's
enumeration " burgesses of several degrees" who are also Com-
moners.

45. This is section (8) in Coke's Commentary (page 50).
From this point the divergence is greater than before between

149

Aotea to Qommtnt

Coke and his epitomizer, the latter often using his own phrases
in place of Lord Coke's.

46. Lord Coke's chief deduction is that " therefore for the
King's benefit, and that the prisoner may be more safely kept,
the mittimus ought to contain the cause." The Scripture
quoted should be Acts XXV. verse 27, when Festus declares
to Agrippa that it "seemeth to him unreasonable to send a
prisoner" to Caesar for trial " and not, withal, to signify the
crimes laid against him."

47. Coke uses the expression " made an ordinance," and
not, as here printed, ** made a by-law."

48. Coke urges the rights of persons to trial by the process
of law by noticing how " the philosophical poet" Virgil doth
notably describe the " damnable and damned proceedings of
the judge of hell.

Gnosius hie Rhadamanthus habet durissima regna
Castigatque, auditque dobs % subigitque fatcri.
For Cretan Rhadamanthus possesses these most ruthless realms :
examines and punishes frauds : and forces everyone to confess
what crimes committed in the upper world he had left unatoned
till the late hour of death, hugging himself in secret crime of
no avail: and in another place • . . leges fixii precio atque
refixit: arranges and rearranges the laws according to a tariff.
First he punisheth and then he heareth : and lastly, compelleth
to confess and^ make and mar laws at his pleasure ; like as the
centurion in Holy history did to St. Paul : for the text saith,
Centurio apprehends Paulum jussit, et se catems ligari et tunc inter"
rogabaty quisfuisset* et quid fecisset. But good judges and justices
abhor these courses."

'50

Botes to Comment

The reference in Coke is to Acts XXII. w. 24, 27. It
should be to Acts XXI. v. 33. " Then the Chief Captain
came near and took him and commanded him to be bound
with two chains, and demanded who he was, and what he had
done."

49. This is section (9) in Coke's Commentary (page $5).

50. First, the word "his" between "all" and "Courts" is
omitted in the Comment. Secondly, after " in all his Courts
of Justice is present," Coke continues, " and repeating these
words nulli vendemus, We will sell to no man, etc."

51. The words "or be granted piecemeal" are not in the
Latin quoted in Coke's Commentary (page $$), although given
in English in the Comment.

52. This is section (10) in Coke's Commentary (page $$).

53. The passage from "all our judges" to "unjust," four
lines lower, does not appear in -Coke's Commentary.

54. For "directly to the Sheriff" Coke reads " directed to
the Sheriffs."

55. This is section (11) in Coke's Commentary (page 56).

56. For "justice" Coke uses the Latin word jus.

57. The preceding Notes will show that the writer of the
Comment had very lax ideas of the meaning of the phrase
" the very words of that oracle of our law the sage and learned
Cook."

A CONFIRMATION

1. For this Confirmation see Volume I. of the Statutes at
Large, pages 131-133. It is Chapter I. of the Statutes made
at London the tenth day of October, Anno 25 Edward I.,

15*

Botes to Confirmation

A.D. 1 297. The year of the King is given in the heading as
thirty-fifth. It ought to be twenty-fifth.

Coke includes this important Confirmation in his Second
Institutes, and says that the title of these Statutes is Confirma-
tiones Chartarum de liber tatibus Anglue et forest*, and adds, u true
it is that hereby the charters are expressly confirmed : but they
are also excellently interpreted (which is a confirmation in
law) for here is nothing enacted, but it is included within
Magna Charta." In the Statutes at Large this Statute is entitled
shortly M A Confirmation of the Great Charter, and the Charter
of the Forest.*' The text here given follows the Statutes at
Large. The original is in Norman French, and herein is found
the important provision that these two Charters should be
pleaded, to wit, " the Great Charter as the Common Law, and
the Charter of the Forest for the Wealth of Our Realm."

2. It is Aquitaine in the original Norman French, in which
the Statute is written. See ante, Magna Charta, Note 2.

3. Bradford uses " consent" instead of " assent." This is,
says Coke, by the common assent of the Realm by the au-
thority of Parliament. It signifieth an Act of Parliament.

4. Before printing, and until the reign of Henry VII.,
Statutes were engrossed on parchment, and by the King's Writ
proclaimed by the Sheriff in every county. By the ancient
law of England, the King's commandments issued and were
published in the foriti of Writs, as was the case in this par-
ticular.

5. Coke remarks that the sense hereof is, that the Great
Charter, and the Charter of the Forest are to be holden for the
Common Law, that is, the law common to all ; and that both

'5*

Botes to tyonUxmation

the Charters are in amendment of the Realm, that is, to amend
great mischiefs and inconveniences which oppressed the whole
Realm before the making of them.

6. This and the subsequent short titles of the several Chap-
ters of the Statute are given in the Queen's Printers' copies as
here inserted

7. Richard Thomson, in his Historical Essay on Magna
Charta, in illustration of this Chapter (see page 385 of his
work) gives an interesting account of the method introduced
by the Anglo-Saxons of registering records by sending attested
copies to cathedrals and religious houses. Later, legal decrees
were drawn up in the form of a summary, of which a certificate
was given to the successful party, at the close of which were
added the names of the witnesses and the principal persons
present at the trial. In time, these were copied into some Mis-
sal or other monastic volume, whence possibly arose the custom
(not yet quite obsolete) of entering births, marriages, and deaths
on a blank leaf of a Bible.

8. In the Norman French the word " Bishops" is inserted
after " Prelates."

9. ** Archbishops" is correct, for Canterbury and York are
independent Sees.

10. The famous ceremony at which this Sentence was first
openly declared is folly described by Matthew Paris (see Bohn's
edition, Vol. III. pages 22-27 : ^ Luard and Madden's edi-
tion, Vol. V. pages 373-378), in his description of the great
Parliament held in the Easter fortnight, A.D. 1253. The pas-
sage of words between Henry III. and his Bishops is folly told,
and a description of the sentence of excommunication follows :

*53

Botes to Confirmation

44 and the sentence tingled in the ears and awed the hearts of
those who heard it, in no slight degree."

11. According to the Norman French "in our Name"
should be inserted after u our Ministers."

12. The Parliament at which this Confirmation was passed
was summoned partly to prevent an illegal aid from being estab-
lished as a precedent.

13. Bradford uses u Maletot," not u Maletent." The griev-
ance was that the King had lately, without common assent of
Parliament, set a charge of forty shillings upon every sack of
wool, here called by the name of maletot or maletent, that is, the
ill toll or charge, for the word " imposition" (says Coke) was not
yet heard of in any record.

14. The words u for Us and our Heirs" are not in the origi-
nal Norman French.

15. This Confirmation Charter of the King was issued by
his son, Prince Edward, on his father's behalf, in a Parliament
which assembled in London October 6, 1297. The Prince
engaged to procure his father's ratification of his proceedings.
The instruments were sent over to Ghent as soon as the Parlia-
ment was dismissed, and after a few days 9 deliberation, the King
sealed the Confirmation Charter of November 5, 1297.

SENTENCE OF THE CLERGY

1. A copy of this Sentence is given in Norman French in
the Statutes at Large, Vol. I. page 133, under date of AD.
1297. It has not been thought necessary to correct the trans-
lation or notice very small variations.

*54

Botes to gttttttntt of tfte <£lergg

2. The words " and of Holy Church" are not in the Nor-
man French.

3. The French here has a tenir en son Reaume.

4. The words "all his Province" do not occur in the
French.

5. For " shortness" read " shortness of time."

6. " Realm of England" in the French.

7. In the French it is entierement ai toux lour points.

8. In the French it reads ** in any manner or time."

9. In the French it reads " aforesaid Robert Archbishop of
Canterbury."

io. The words "and accurse" are not in the French.

1 1. The words " sequester and" are not in the French,

12. The Sentence ends, ** So be it. So be it. Amen"
namely, Fiat, Fiat. Amen.

SENTENCE OF THE BISHOPS

1. A copy of this Sentence by the Bishops is given in Latin
in the Statutes at Large, under date of A.D. 1254. (See Stat-
utes at Large, Vol. I. pages 20-21.)

2. This should be (as in the Latin) 1254, being the thirty-
eighth year of the reign of Henry III.

3. This should be the u thirteenth" day. It is (in the Latin)
the third of the Ides of May.

4. According to the Latin this reads only "in the Great
Hall at Westminster."

5. Add " illustrious" before " King."

iS5

Botes to gttnttntt ot tjje Btsfjops

6. Instead of " Roger Bigot" the Latin gives " E Earl o£
tic. n

7. Instead of "Henry Earl of Oxford" the Latin gives"R
Earl of Exeter."

8. Or " by divine mercy."

9. These in the Latin read u S. of Lincoln, W. of Worces-
ter, R. of Norwich, P. of Hereford, W. of Salisbury, W. of
Durham, F. of Exeter, S. of Carlisle, William of Bath, L. of
Rochester."

10. This is too full a translation: read M of the Church's
liberties or of the free customs of the Kingdom of England
and principally of those."

1 1. Insert ** solemnly" before u denounced."

1 2. " And perpetual Virgin" is not in the Latin.

13. Insert " of the Blessed Archbishop Thomas."

14. Insert " Confessors and Virgins and alL"

1 5. For " Heaven" read " God."

16. The remainder of this and the following paragraph are
freely rather than literally translated.

17. This should be the " ancient customs of the Kingdom."

18. Many of these words are taken from the preceding
paragraph, to which they properly belong.

19. After " any of them" should be added " the writers, law
makers, councillors, and the executors of them."

20. After the words ipso facto should . be added " those
who, ignorantly even, commit aught, except they promptly
within fifteen days after the time of admonition reform them-
selves and make full satisfaction at the will of the Ordinary for
that they have done, shall be from that time wrapped in the

156

Bote* to Sentence of tfje iStsfjops

same Sentence. With the same Sentence we burden all those
who shall presume to disturb the peace of the King and of the
Kingdom. In witness of which thing and for the perpetual
memorial of the same we have put our seal to these Presents."
21. It would be gratifying if the writer who pens this could
be identified.

STATUTE DE TALLAGIO

1. An excellent account of this Act is given by Stubbs in
his Constitutional History, Vol. II. (3d Edition, Oxford, 1887)
page 146 et scq. These articles, or the Statute De Tallagio, are
extant in two forms " so different that they can scarcely be re-
garded as representing the same original." " One," adds Stubbs,
u is in French containing seven articles attested by the Regent,"
Prince Edward, " and sealed with the great seal. The other is
in Latin . . . containing six articles and purporting to be sealed
not only by the King but by the Barons and Bishops." The
last, which is given by Bradford, is generally known as the
Statute De Tallagio nan conccdendo, and it is referred to as a
statute in the Preamble to the Petition of Right, presented
to Charles I., and further it is recognized as such by a de-
cision of the Judges in 1637. Stubbs states that the French
form is that in which the enactment became a permanent
part of English law, by the exact terms of which Edward the
First held himself bound, and beyond the letter of which he
did not think himself in conscience obliged to act, in reference
to either prise or tallage.

The text here printed is taken from the Statutes at Large

iS7

Botes to Be Callage

(Vol. I. page 156), which gives the Latin and English in parallel
columns. Lord Coke prints the Statute from the Latin, but
runs Chapters V. and VI. into one. (See Coke's Second Insti-
tutes, pages 53°"535-)

2. The short titles of the six clauses of the Statute are given
in the Queen's Printers' copies, as here inserted.

3. As to the meaning of the word Tallage, see Lord Coke's
explanation in the " Comment" on this Statute, page 532.

The history of the Statute and its " historical authenticity
. . . otherwise than as a contemporary Latin abstract of two
French Charters" is discussed by Richard Thomson, page 440
et scq. "As a question of Law, however," he adds, " it was
very learnedly debated in the famous ship-money case of Colonel
Hampden in 1637, when the Judges determined it to be a sepa-
rate Act of Parliament, though principally because it had been
recited as such in the commencement of the Parliamentary
Petition of Right presented to Charles I. March 17, 1627-28."
The origin of this Statute is related in Lord Coke's words in the
Comment on this Statute, page 530. The King of France had
wrested many lands in Aquitaine from the hands of Guy Earl
of Flanders, whom Edward I. determined to avenge. Tallage
in this Statute, which was passed to pacify the quarrel above
indicated, is restrained, says Lord Coke, to tallages set or levied
by the King or his heirs, and has not the general meaning set
forth in w The Comment."

In result this Act ended an eighty years' struggle, and was
a substantial, permanent assertion of the powers of Parliament

4. The word is indiscriminately written maletot from the
French malttoute, maletolt from the Latin malatolntta, and in

158

Botes to 13c Callagto

various other forms. A malum tolnetum is an evil toll whereby
such a sum is demanded for the export or import of any goods
that a merchant cannot have a convenient gain by trading
therewith. (See Stubbs and Hallam.)

5. See Coke's remarks in the Comment on this Statute as to
the grounds for and terms of the pardon hereby extended by
Statute.

6. This Earl was Humfirey VII. de Bohun, third Earl of
Hereford and second Earl of Essex. He died in 1298. In
1289 he had been peremptorily ordered to keep the peace in a
contest with the Earl of Gloucester, and three years later, 1292,
was fined and imprisoned. His contest with Edward I. was
largely due to his fears of that King's reforms.

7. Roger Bigod, the fifth Earl of Norfolk, lived 1245 to
1306. When Edward I. showed a determination to curtail the
power of the Barons by a strong government, Bigod and Bohun,
in 1 297, headed an opposition to the King. Immediately after
the King had started for Flanders, leaving his son as Regent,
the malcontents, supported by the citizens of London, enforced
a Confirmation of the Charters, and the King ratified them in
Ghent.

8. John de Ferrers was son of the turbulent Robert Ferrers,
Earl of Derby or Ferrers. John was born in 1271 and died
1324. After the struggle for the Charters he was summoned to
Parliament in 1299. He was the ancestor of the Lords Ferrers
of Chartley. Neither John de Ferrers nor his descendants were
ever able to win back the title Earl, which "was practically
lost" through the violent conduct of his father.

9. Coke states that these words M if any they have com-

iS9

Bottz to Be Eallagfo

mitted" were added See last few lines of the Comment They
follow the Latin, but were given in the translation in the Statutes
at Large as " that they have done."

10. After u point" add from the Latin tt or article."

1 1. Coke points out from this curious phrase that it is note-
worthy that this proves that either house of parliament, being a
Court, may take voluntary oaths.

12. After the word " Charter" add, from the Latin, "in all
causes and articles, and shall extend their faithful aid to the
keeping thereof, etc."

THE COMMENT

1. This Comment is taken very largely from the Notes in
Coke's Second Institutes upon the Statute De Tallagio nan
concedendo % pages 530-536.

2. This would be better ** Freeholders," as in Coke.

3. According to law, that is to say, u as had been before
enacted in the Parliament of Anno 25 Edward the First by the
Act of Confirmationes Chartarum"

4. Sir Richard Baker lived 1568-1645. His earliest pub-
lished work, Cato's Distiches, was written in 1636, when he was
in prison for debts, assumed for his wife's family, and sixty-eight
years of age. His Chronicle was published in 1641.

5. See Coke's Second Institutes, page 535.

6. Sir William de Herle died 1347. **e became Chief
Justice of the Common Pleas on the accession of Edward III.
by patent dated February 4, 1327.

160

Botes to Qommtnt

7. The Charters were confirmed and the Articles of the
De Tallagio nan canccdendo ratified by Edward I. November 5,
1297, and on his return to England the Earls demanded a
reconfirmation of the acts done at Ghent. The promise was
fulfilled in the Spring of 1299.

THE PATENT TO PENN

1. The Charter of Charles IL, dated March 4, 1681, is set
out in full in Robert Proud's History of Pennsylvania (pub-
lished 1797), Vol. I. pages 171-187.

2. Mettles is a former vernacular spelling of metals in all
uses, although now confined to figurative senses.

3. This provision forms part of Section III. of the Charter
of Charles II.

4. The Charter also reserved to the King the fifth part of
all gold and silver ore found within the limits of the lands
granted.

5. From the word " so" to the end of the section is taken
from a later part of the Charter.

6. The word "lieutenants" is not in Section V. of the
Charter.

7. Treason and wilful and malicious murder are excepted
by the Charter.

8. The Charter reads reserving the hearing and determining
of the appeal or appeals of all or any person or persons : not
final appeals only.

9. Section 7 of the Charter provides that a duplicate of all

161

Botes to Dattttt to HHttttt

laws shall be transmitted to the Privy Council in England
This Section 7 is Section VIII. in the Charter.

10. This is Section IX. of the Charter.

1 1. This is Section X. of the Charter.

12. The word " merits" is correct.

13. This is Section XI. of the Charter.

14. This is Section XII. of the Charter.

15. The word "keyes," or "keys" (as in Proud), was for-
merly also spelled kay, and now quay, after the French word quau

16. Section XIII. of the Charter conferred power to assess
customs on goods. This is Section XIV. of the Charter, which
recites the circumstances under which William Penn was to
forfeit the Province.

17. This is Section XV. of the Charter.

18. This is Section XVI. of the Charter. It conferred on
William Penn the powers, charge, and office of a Captain Gen-
eral of an Army.

19. This is Section XVII. of the Charter.

20. u Or successors' 9 should be " and assigns."

21. This is Section XVIII. of the Charter.

22. The celebrated Statute Quia emptores is also known as
the Statute of Westminster, the Third, and was made in the
eighteenth year of King Edward L, A.D. 1290. (See Statutes
at Large, Vol. I. page 122.) This Statute was not improbably
(says Stubbs, Vol. II. page 259) the last case in which the
assent of the Commons was taken for granted in legislation.
It is, he asserts, certain that the Statute was passed in 1290, in
a Council at which no representatives of the Commons attended.
It was directed against the formation of new Manors, whereby

162

Botes to patent to ^mn

feudal lords were deprived of their dues. Whatever influence
it gave to the Lords over their tenants, it gave influence in ten-
fold force to the King over the Lords.

23. This is Section XIX. of the Charter.

24. This should be tt estate or inheritance/'

25. This is also part of Section XIX. of the Charter. The
language is varied.

26. This is Section XX. of the Charter.

27. The language of the Charter is u unless the same be
with the consent of the Proprietary, or Chief Governor, or
Assembly, or by Act of Parliament of England."

28. This is Section XXI. of the Charter.

29. Section XXII. makes provision for a preacher, etc., on
application to the Bishop of London. This is Section XXIII.
of the Charter.

30. This was in the " three and thirtieth year of Our Reign."

THE FRAME OF GOVERNMENT

1. This u Frame of Government" is the second Charter of
Privileges granted by Perm in 1683. It continued in force till
after the Revolution in England of 1688. This Charter, with
another which followed in the year 1696, seemed, says Robert
Proud, in his History of Philadelphia (Vol. I. page 240), to be
only preparatory to the last Charter of Privileges granted in
1701.

The four Frames of Government, dated respectively 1682,
1683, 1 ^9^* and 1701, are set out in full in the "Votes and
Proceedings of the House of Representatives of the Province

163

Botes to JFrame of (3obtvnmtnt

of Pennsylvania," published at Philadelphia by B. Franklin and
D. Hall, 1752. See Vol. I. (Part I.) page XXVTI/: same
Volume, Appendix pages IV. and VIII. : and also Vol. II. page
I. Copies are given also in Proud's History of Pennsylvania,
Vol. II., Appendix, Part I. The text is collated with the
Votes of Assembly, Vol. I. Part I. Appendix page IV.

2. The word ** good" is not in the Votes of Assembly.

3. The words u he hath granted" should read " did grant"
In the Votes of Assembly the words ** he hath granted (or did
grant) unto me the said William Perm my heirs and assigns"
are all accidentally omitted, and the word " of" wrongly inserted
before " all that tract of land."

4. The word ** good" is omitted in the copy in the Votes
of Assembly.

5. The short titles of the Chapters are omitted throughout
in the reprint of the Frame of Government, as found in " The
Excellent Priviledge of Liberty and Property."

6. By the first Frame of Government, the Council was to
consist of seventy-two members, but the free men found it too
inconvenient to retain the full complement, and the number
was reduced.

7. The Sections in the copy of the Votes of Assembly are
simply numbered from II. to XIII., both inclusive.

8. In the Votes of Assembly the word " with" is printed in
place of * by."

9. This line is given as it is in the Votes of Assembly,
having been cut by the binder in the Bradford edition.

10. The words " trade and" are not inserted in the Votes of
Assembly.

164

Botes to JTrame of iiobemment

11. The word " their" before "virtue" is omitted in the
Votes of Assembly.

12. The word "acts" is omitted in the Votes of Assembly,
manifestly in error, as the word is inserted two lines before.

13. This is erroneously printed "proportion" in the Votes
of Assembly.

14. In Votes of Assembly the word " or" is substituted for
"and."

15. The word "said" is wanting in Votes of Assembly.

16. This side note or short title is omitted in Votes of
Assembly.

17. In Votes of Assembly " and" is inserted in lieu of " or."

18. In Votes of Assembly the word "possession" is used in
place of " enjoyment."

19. This should be " or," as in Votes of Assembly, and not
" and assigns."

20. This should be " or" here also. See last Note.

21. It is "me," not " myself," in Votes of Assembly.

22. The names of the witnesses are given in a different
order, and the first names are all written out at full length,
both in Votes of Assembly and in Proud's History of Pennsyl-
vania.

23. Printed "Whittwel" in Proud, and "Whittwell" in
Votes of Assembly.

24. John Hillyard's name is omitted by Proud.

25. Printed " Philip Thomas Lenmar, Sect. Gov.," in Proud,
and " Philip Thomas Lenman, Governor's Secretary," in Votes
of Assembly.

26. Printed " Molestine" in Proud and Votes of Assembly.

165

\
\

Botes to JFrame of (3obtvnmtnt

27. Printed " Blunston" in Proud and Votes of Assembly.

28. Described as Senior in Proud and Votes of Assembly.

29. Printed a Hollingsworth" in Proud and Votes of As-
sembly.

30. Printed u Walne" in Votes of Assembly.

31. Printed ** Bennony Bishop" in Proud and Votes of As-
sembly.

32. Printed " Beazor" in Proud and Votes of Assembly.

33. Printed " Clowes" in Votes of Assembly.

34. Printed u Thomas Hassald" in Proud, and " Thomas
Hassbld" in Votes of Assembly.

35. Printed a Andrews Bringston" in Proud and Votes of
Assembly.

36. Printed " Phipps" in Proud and Votes of Assembly.

37. Printed ** Bowman" in Proud and Votes of Assembly.

38. Printed tt Darke" in Proud and Votes of Assembly.

39. Printed ** Verhoofe" in Proud and Votes of Assembly.

40. The word " then" is wanting in Votes of Assembly.

41. Printed "Edmund Warner" in Proud and Votes of
Assembly.

166

ILiat ot flje principal Hates mentioned
in tijia toorit

A.D.

1 199 King John began to reign May 27.

1215 John signed Magna Charta at Runnymede, June 15.

1216 John died October 19, and Henry III. succeeded him.
1216 Henry III. began to reign October 28.

1216 First Great Charter of Henry III. granted November 12.

1225 The Great Charter, as altered from the original form in
King John's reign, passed by King Henry III. in the
ninth year of his reign.

1225 The Charter of the Forest.

1227 Charters cancelled at Council at Oxford in February.

1235 Statute of Merton.

1272 Henry III. died November 16.

1272 Edward I. began to reign November 20. The early
Norman and Plantagenet kings reckoned their reigns
from the day of their coronation, the later Plan-
tagenets from the day after the death of their prede-
cessors. With Edward VI. began the custom of
beginning the reign on the day of the death of the

preceding sovereign.

167

Hist oC principal Bates

1297 Confirmation of the Charters by Prince Edward, son of
the King, in the twenty-fifth year of Edward L, on
October 6.

1297 Confirmation sealed by Edward I. at Ghent November 5.

1299 The Confirmation executed at Ghent reaffirmed after the
return of Edward I. to England.

1307 Statute De Tallagio nan cancedenda.

1307 Edward I. died July 7.

1307 Edward II. began to reign July 8.

1628 Petition of Right.

1681 Patent granted by Charles II. to William Perm March 4.

1682 First Frame of Government.

1683 Second Frame of Government.

1687 Magna Charta printed for the first time in America.
1696 Third Frame of Government.
1701 Fourth Frame of Government.

168

THE EXCELLENT PRIVILEDGE
OF LIBERTY AND PROPERTY

FAC-SIMILE

The Excellent Priviiedgeof

LIBERTT & PROPEXTr

BEING THE

BIRTH- RIGHT I

Of the Free-born Subjctb of &%IaU

CONTAINING

II. MdpuOwM, with a leaned Comment upon

1 1 L n ! c Confirawtion of the Charters of the Li-
berties of E^Uruiand of the Forreft, made in
the i 5th year of Edward the Firifc^

ln 'i£?JP2? nwdethe 34***t« commonlv
called zfc 7«£ge0 w * Qmctdtnio i wherein au
fundamental Laws, Liberties and Cuftomc are
confirmed. With a Comment aponic.

IV- Anabftraftofthe Pattern granted by the
King to WMmPam and his Heirs andAfc
Cgns for the Ptorince of Vfnfilvama.

V. And Ufi A, The Charter ofliberties granted
by the laid rriUUm Pern to the Free-men and
Inhabitants of CheProvince ofPem/Hv*»U and
Territories thereunto annexed, In Amtric*.

Mtjor Hmtiitds vetrit unuunqy noftrum &
Jurt & Ltgibm, <p*m a ?aeatibut.

To the Reader.

IT may reafoaabty be fof+fd that we JhaB fin J in
* this part of the worU % many men, both old and
fomg y that are ftrmgert, magteatmtafkre, to tit
true anderftandmg of that weftbmbU InberUanct
that every Free-born Subjeft t/England it Heir
**to by Birth-right, / «m« that nnfarakfd Prfoi~
ledge of Liberty md Property, beyond aU the No.
thru in the world befide ; mi kit to vijht that at
men did rightly mderflmd their ownhamneft there*
in ; to pmfuance of which J do here frcftnt thee with
that anient Qarlmd, the Fundamental Laws of
England, bedetktw'mmmy prtcioas Priviltdges of
Liberty md Property, by which every mm that it a
Snbjeft to the Crown of England, may under ft md
what is bit Right, andbowtoprejervettjrommjiifl
and mreafenablemen : whereby appears the eminent
Care, Wtfdom md Indnpyof onr Progenitor t in.
fronting fir tbtmfetvct md hfterityjbgotd n Por^
weft that it Me tore/el the Lull, Prided Power
«/><* Noble, at wet at Ignorance oj the Igtoble ; it
being that excelent md difureot BaUmet tnat gives
every mm hit even proportion, which cannot be tdkfft
from him, nor be dtffcftfd of hi* Life, Liberty
or Eftate, but by the tryal md jnkgmmif Twelve
•/ to/Equals, or Law of the Land, mm the penalty
of the bitter Cnrfet of the whole. People -, fo great was
the teal of om Prtdeetfor.' for the prefervation of

To the "READER.
thife Fundamental Liberties (contained htMeCbnr^

Polity and Religions ObUeations to feenrt them in tire
and inviolable, albeit the contrary hath often hen
endeavoartd, yetpmndemte hitherto hath preferred
them as sSkjfhftotbe English Sufaftfti.

The chief end of MMeatmkereaf ufir the
trfomasion an&nwftanfa
Right mid Inheritance) cfjach who my not have
Invert from their Plantations torendlargeFoUmmsi
Andbdid^lkfowthifCoftmryis^
Law-Bodd^ this being the Root from whence aSonr
nbckFrnEngtifh Laws bring- and indeed the Line
by which tbyrmflbeJfvtruL Hume vmmedto
mak$itp*bltcb, hoping ft maybe of aft and fervict
to many Fret-men, Planters and Inhabitants in this
Country, to whomit is Jent and recommended, wijb-
inr U may ratftnp Noble Ref<dJ*io*s in alt the Free-
holders mthefe new Colonies, not to give away any
thing of Ubtrtj and Property that at pre fern they
do, iorofrkhtasLayal^gh^St^Qs,o^to)
enjoy, but take nv the good Example ofourjincejhrs,
and understand, that k is eafk to part with or give
away great PrmUdaes* but hard to be gained, if
once loft. Jbrdthertfore all depends upon oar prudent
Care and Actings to prefrrve and lay fare Founds
thmfirour fehaandthePoshntyefaur Loyt*.

Philopolites.

INTRODUCTION.

INFrance, and other Nations the meer Will
of the Prince is Law,his Word takes off any
iriansHead, impofeth Taxes, or feces any
xnansEftatc, when,howandas often as he lifts*
and if one be accufed, or but fo moch as ftfpedcd
of any Crime, he may either prefently Execute
him, orBanish,orImprifonhimatpl^furei or
ifhewillbefo gracious as to proceed by form of
their Laws, if any two Villians will but fwesr
againft the poor Party, his Life is gone j my, if
there be no mtnefs jtt he may be put on theRack,
the Tortures whereof make many an innocent
Perfon confefs himfclf guiity^md then with feem-
ing Juftice is executed. But,

In England the Lnwh both the meafure and
the bound of every SubjeAs Duty and Allegiance,
each man having a fixed Fundamental-Right born
with him, as to Freedom of bis Verfon and Property
in his Eft ate, which he cannot be deprived or, but
either by his Confent^ orfoxneOw?, for which
the Law has impos'd ftch a penalty or forfeiture.
For all our Kings take a folmn Oath ( i .) At their
Corenation,ro obferve & caufc the Laws to be kept :
( 2 .) All our Judges take an Oath,wherein among
other points they fwcar, To do e^ual Law and
Right to ail the Kings S*bjcRs y Rich and Poor ^ and
not to delay any per fort ofcommcnRightfor tht Letter*
of the King) or of any other Ptrfon, or for any ether

com ft:

TNTKODX7CTIO jv:
amfei Therefore fiithifrfry^ (whowasfirtt
chief Juftice, and afterwards L, Chancellor to K»
./fewy tf.J w his Book Je Laadihms Legrnn Angfka %
cap,* NonfottftRtx AngH*, d*t* The King of
England cannot alter nor change the L*m of Ins
Realm at his flenfnre ; tor aAft begovemethlns
feofU hy Power nx^<miy Roy al^hntaifoWiti^: If
Ms Power over them were only Regal, the* he might
dumge Hie Laws of Us Realm ^and charge his SiAjtSs
with TAageand other Burthens, vithont their con-
fa* ; hat from tins much difcreth thePower of a King
whofe Government is Politick; for be can neither
chj^LawswithowthtconfmtofhirSubjeSj y nor
yes Ssarge them with hnfofitions againft their wills.
With whxh accords Brdton, a learned ]udge &
Law-Author, in the Reign of K. Henry the 3d,
laying, Rex in Regnofnofitferieresbakt Dtam &
Legem ^ it. The King in his Realm Mb two fufe-
riors, ffod and the Law , for he is under the Di-
rrfftar; tfeo 9 not Co<ire$veVower of the Law.

Tistru^theLawitfelfrfinn^. The King***
do nowrong-yrhich proceeds not only from a pre-
emption, that lb excellent a Pcrfonifi* Jo none,
but alfbl>ecanfe heafts nothin* btitbjMfotJters,
wTiicb(fromthetoweft to thdughcft)arc anfwer-
afciefbrtheirdoingsj fotbat if aK. inpaJHon
should command JL to kill B. without jprocefs f
Law, A. may yet be profecuted by Induftment or
upon an A/ftnl (where no RoyaiPardoa is allow-
able) and matt for the fame be excente^ fuch
Command notwithftanding.

This

INTRODUCTION.

This original happy Frame of Government is
truly and properly call'd an EngUfk nuuts Liberty,
a PrimLdgt not exempt from the Law, bat to he
freed in Prison & Effete from Arbitrary Vnknct
and Offreffton. A greater Inherit nnee (faith Judg
Cook) is derived to tvcry one of as from onr\ Lams
Asm from our Parents ; For without the former,
what would the latter fignific ? And this Birth-
right of English-men shines moil confpicuouity
in two thing*:

i. PARLIAMENTS.

2. JVRIES.

By the fir ft the Subjeft has a share by his cho«
fen Reprefentati ves kitixLegiflatm (or Law*
making) Power * for no new Laws bind die
People of England, but foch as are by common
conftnt agreed on in that great Council

By tktSei*nd f iiehas a share in the Exe&tatm
part of the Law, no Caufes being tryed, nor any
man adjudged to loofcLife, Member or Eftatct
but upon the flr^ff etbisV&rs or Equals his
Neighbours, and of his own Condition : Thefc
two grand Pillars of English Liberty, are the
FansUutteatal vitd Vrtyiledges^ whereby we bato
faeen^nd are prcfcrvM more free and happy than
any other ?eople in the World, and (we et olk>
shall ever continue lb : For whoever thai dengn
fo impair, pervert or undermine either of thelfe,
do fhikg ** '** v€r y Qmftitntten oj oar Government^
2nacm$tXQ\Kprofe*utedindpwfltcd with the
wnpftZul and A&onr. To cue down the Banks

and

INTRO DVCTION.
let in the Sea, or /• foyfo* si the Sfnnp and
Jtfwrv in the Kingdom, could not be a greater
MHchlrf j for this woaW onlraflfeft the prcfent
Age, but the other will Ruin and enflaveall oar
ttfteriy.

Bat bedde theft **r*mmt trtviUdgu which
the English are cftatcd in b j the OripnalCotifi.
mtm of their Government , there are others
more particularly declared and exprefled in di-
vers Mt cfPurtimcm too large tobeinferted
in this place

cia.

#lapa C&arta

O R

The GredtC barter made in the
9th year of King FJe/iry the
3d, and confirmed by King
Edward the 1 ft in the 28th
Year of his Reign.

Edward, Jy rta Cmce of God, Ktng a/England*
IW of Ireland, W />#rfc c/ Guyan, to all
Arch-Bijlwp*, &c

WEe have feen the Great Charter of the
Lard Henry, f onetime King ef Eng-
land, oar Father, of the Liberties* of
England, %n thefe Words :

Henry, by the Grace of God, Ktng of England*
Lord of Ireland > and Daks of Normandy and
GmraCi and Earl of Anjoy \ To atistrcb-Bijh>pt f
Biffapr, Abbots , friers, Earls- Bartons, Sheriffs,
Provifit, Officers, and to all BayRffr, and other

oar

o# fmtbfrl Shells, JtkL fitf fee Aii yrefm
(timer, Meeting \ Km* ye $ *** **, m*t* *k
BwmrqfJimifbtyGody ntulfor skeSJpmk* of
theSoub of onr Progenitors emd SMccdbti, JCfeg/
0/ England, ro&e Mvmttmem of hofy Chm*.
0tnd Jmendmm of our Roils*, of ossr meer nut
Fru-mil{ b*ve Given nstd Grsmed to at Arch-
Atyfy't Bifaf'i JUson, Priory £*rb x Bmtm-
nndto dBFrte-mevof tbit <mr Renins^ theft Hip-
ties foUemng^ tobektft inomKi^domofZ^f^uA
forever.

CHAP. L
A Co*firm*tioH of Liberties.

ifa \7\/E hare granted to God, and by
v v this our prefcoc Charter, hare
Confirmed fin: us, and our Heirs forever, -That
the Church of Engl*** (hall be free, and (hall
lave all her whole Rights and Liberties invio-
lably. /2O We have granted alfo, and Given
to. all the Free-men of our Reality for us, and
our Heirs forever, thefe Liberties under writ-
ten, to Have, and to Hold to them and their
Heirs forever.

CHAP. II.
The Relief of the King's Tennnt offMJgv

TB any of our Earls or Barrens, or any other
1 which hold of us in chief, fay Knights Service,

dye,

C 3 J

dye, and at the time of his Death, his Heir be
of full age, and oweth his Relief, he (hall have
his Inheritance by the old Relief! that is to lay,
The Heir, or Heirs of an Earl, for a whole
Earldom, one hundred Pounds ; the Heir, or
Heirs of a Barron, for a whole Barrony, by one
hundred Marksj t Ik Heir, or Heirs of a Knight,
for one whole Knights Fee, one hundred Shil-
lings at t&emoft; and he that hath left, (hall
give left, according to the old Cufiom of the
Fees.

CHAP. IIL
ThelVarJJhipofan Heir within jlgt, IbcHcir

4 Knight.

BUt if die Heir of any fceh be within Age,hi*
Lord (hall not hare the Ward of him, nor
of his Land, before that he hath taken of him
Homage. (i-) And after that fuch an Heir
hath beeitin Ward ("when be is come to firtl Age)
that is to fay, to the Age of one and twenty
years, hefhall have his Inherit *ncc without Relief,
and without time, lb that if fuch an Heir being
within Age, be made Knight, yet nevenhelcft,
his Land (hall remain in the keeping of his Lord,
unto the term aforeftid*

B 2

CHAP. IV.

C43 '

CHAP. IV-

No vajte (hall bt mask by a Gsardia* in
Wards Lands.

TH^kccpaofthcLaiK^offiKhanHdrbcbg
within Age, fhallnottakeof theLands or
theHeitlait Rcafbnablc Iflfu*, Reafonahle Ca.
tf oms, ™& Reafonahle Services, ami that with-
out deftruftion and wafte of his Men and his
Good* ( t. ) And if we commit the Cuftody of
any ifach Land to the Sheriff*, or any other which
is anfwerable to us for the Ifluts of the fame
Lands, and he jnakedeftru&ion or wafte of thofc
things that he hath in Cuftody, we will take of
him Amends and Recompense therefore. (3 )
And the Lands (hall be committed to two lawful
anddtfereetmeuof that Fee, which (hall anfwer
unto us for ths Iflues of the fame Land, or unto
him whom we will Affign.. (4.) And if we give
or fell to any man the Cuftody of any inch Land,
and he there do make deftru&ion or wafte, he
/halt loft the fame Cuftody, and it (hall be affign-
ed to two lawful and difcreet men of that Fee;
which alfo in like manner fcallbeanfwcrable to
usi as aforeisfaid.

CHAP. V*

Guardians fhoB maintain the Inheritance of their
Waris % and of Bifhofrickj

THe Keeper* fo long as he bath the Cuftody
of the Land of Cich Heir, /hail keep up the

Hoitfes,

Honfes, Parks, Warrens, Ponds, Mills, and
other things pertaining to the fame Land, with
the Iflbcs of die faid Land : and he (hall deliver
to the Heir, when he cometh to fall Age, all his
Land, ftored with Ploughs, and all other things,
at the lea ft as he received it; all thefe things
(hall he obfervedintbe Cuftody of Arch-Bilhop-
ricks, BiihoprickSjAbbies, Priors, Churches, ami
Dignities vacant, which appertain to ns; except
this, that fuch Cuftody (hall not be fold.

CHAP. VL
Heirs jk*B be Msrrtcd without Difp*r*gemoft*

CHAP. VIL

A IViddowJhdll lum *cr M*m*ge fdxritMMCty

4nd Qgmmm : tfa King's IViddow.

AWiddow, after the death of her Husband,
incontinent, and without any difficulty,
(hall have her Marriage, and her Inheritance
(2.) And (hall give nothing for her Dower, her
Marriage, or her Inheritance, which her Hus-
band and Iheheld the day of the Death of her
Husband. (3 J And (he (hall tarrv in the Chief
Houfc cf her Husband by forty oayes after the
Death of her Husband, within which dayes her
Dower (ball be Aligned her (if it were not af-
figned her before) or that the Houfe be a CafUe.
(4.) And if (he depart from the Cattle, then a
Competent Houfe wall be forth- with provided
B 2 for

C63
for her, in the which Ihe may honeftly dwell, un-
til her Dower be to heraffigncd, aiit is afort
faid; and QicQbH have in the mean rime her rea-
fonable Eftorers of the Common. (5-) And for
her Dower, (hail be affignedunto her the third
part of all the Lands of her Hatband, which
were his during Coverture, except the were en-
dowed of Ids at the Church-Door, («.) No
Widdow (hall be diftrained to marry her fdf j
nemthdefcihe (hall find furety that foe (hall not
marry without our Lifenee and afient (if ihc
hold of m) nor without the aflent of the Lord,
if Ihe hold of another.

CHAP. V1IL
HamSuntks Jbat b*&*rtU totbc King.

\7\/E or our Bailiffs, Iball not fcize any
V V lands or Rents for any Debt* as long
as prefent Goods and Chattels of the Debtor do
famceto pay the Debt, and the Debtor bitnfetf
be ready to iaiisfie therefore. <a.J Neither Ihal)
the Pledge* of the Debtor be diftrained, as long
as the Debt (y) And if the principal Debtor
fail in the payment of the Debt, haying nothing
wherewith to pay, or will not pay when he is
able, the Pledges (hall anfwer the Debt (+) And
if they will, they Ml have the Lands and Rent
of the Debtor, until they be fatkfied of that
which they before paid for him, except that
the Debtor can (hew himfelf tothe acquitted
apainft thefiud Sureties. CHAP. IX-

„ t73

^ tii . CHAP. IX.

The Liktrttes of London, n»d other Cities *nd

Towns confirmed.

•"THe City of London ftullhave all the oid Li-
* berties & Cuftoms wWch.it hath been ufed
to lave: moreover, we Will and Grant, that*!!
other Cities, and Burroughs, Towns, and the
Barron* ot the five Ports, and all other Ports,
inall ba\e all their Liberties and free Cuftoms.

„ m CHAP. X.

^ None fiuMdifirain for more Service Hum is due.
JO man fhall be diftrajned to do more Ser-
vice then i« due for a Knights Fee, nor for
•ny Free-holder than therefore Is due. •

CHAP. XI.

CComtnon.Pkdsfb*B not follow the King*t Court.
Omtnon-Pleas (ball not follow our Court,
but fhall beholden in fomc place certain.

CHAP. XII.
Where , *nd hefore whom jiffiwfhaU he taken,

A Adjornmentt for difficulty.

Sfees of Novel Dtjfsifin, and of Mma*.
"fieri (hall not betakeo, but in the Shires,
^5fe th «manner,if we be out of this Rental?
our Chief Joftices (hall fend our Juftices through
jWCountyonccin the Year, which with the
Knights of the Shire, (hall take the faid Aflites in
tnofeConnties (»•) And thofc things that at the
B * coming

LB 3
coming of our aforeJmdjuftkes, being fcnt to
takethofeAflfzesin the Counties, cannot be de-
termined, Audi be coded by them infome other
place in their Circuit* (3 J And thofe things
which for difficulty of Tome Articles* cannot be
determined by them, lhall be refeted to oor Ja-
ftices of the Bench, and there ball be ended.

CHAP. XIIL

A$tM of Dsrreign Preferments.

A SGzesof Darreign Preferments, lhall beak
** wayes taken before our Juftices of the -
Bench, and thercJhaU be determined.

CHAP- XIV*

Hov men of dll forts Jhtltk tmcrttd^dhy whm.

Free-man lhall not be amerced for a fmall
Fault, but after the manner of the Fault 4
and for a great Fault, after the greatnds there-
of, faring to him his Contenements. (2.) And
a Merchant Hkewife, fain* to him his Merchan-
dize, and any other Alton .than ours (hall
be Ukewife amerced, faring hi* Wainage, if he
fell into our mercy. (4.) And none or the iaid
Amercements (hail be afleflcd, but by the Oath
of honed and lawful men of the Vicinage. (5}
Earls .and Barroas (haQ not be Amerced, but by
their Peers, and after the manner of their Of-
fence. (£) No man of the Church lhall Be

amerced

[9 1
amerced after thecpantity of his Spiritual Bo.
TCfice, but after his Lay Tenements, and after
the quantity of his Offence.

CHAP. XV
MJkfrg of Bridges *nd Bdnkji

NO Town, nor Free-man ihall be diftratned
to make Bridges nor Banks* but fiich asof
old time, and of Right have been accoftomed to
make them in the time of King Hemy our
Grand-Father.

CHAP. XVL
Defending of Bdnfc

NO Banks fliall be defended from henceforth,
but fuch as were in Defence in the time of
King Henry our Grand-Father , by the fame
Places, and the fame Bounds as they were wont
to be in his time*

CHAP. XVII.
Holding Pleas of the Crown.

NO Sheriff, Conftable, Efcheator, Corro-
ner, nor any other our Bayiiffs, Aall hold
Pleas of our Crown*

CHAP. XVIII.
The Kings Dehor dying Jhe King fist befirfi fmd.
Tf any that holdethorus Lay-fee, do dye, and
* oar Sheriff Or Bailiff do (hew our Letters Par-
tents of our Summons for Debt, which the dead

man

Cw3
mm did oweto m; It (bail bo law&l to on
Sheriff or Bay lift", to Attach and. Inrall all the
Goods and Chattels of the Dead, bete found in
the &Kt Fee, to the value of the fame Debt^ by
the fight aod Teftimony of Lawful men, fo tfiat
nothing thereof be taken away, until we be
clearly paid offtheDebt. (2.) And the refidue
fhall remain to the Executors, to perform the
TeOsmentof the Dead, (j.) And if nothing
be owing to os, all the Chattels IbaB go to the
ufeof the Dead (laying to his Wife and Chil-
dren the reasonable parts.;

CHAP, XIX.

TtarvtyMiKt ftr * Ctftle.

NO Conftable, nor bis BayHfF, mail take
C6rn,or other Chattels, of any man, if the
man be not of the Town where the Caftleis, bat
neflttllforth-withpayfor thefime, unlefs that
the Wfll of the Seller was to refpit the Payment.
(2) And if he be of the fame Town, the Price
mail be paid onto him within the forty dayes.

CHAP. XX.
Doir>& of C4k-W*rd.

NO Conftable IhaHdiftrain any Knight for to
give Money for keeping his Cattle, if he
himicrc will doit in his proper Perfbn, or canfe
it to be done by another fufficient mad, if ftc

may

CHAP. XXIIL
j* xpbdt fUte Worn* Jh*i bepnrdowx.

U Wears from henceforth (ball be utterly
i pot down by Tbsunes and Afidmy % and
.through ill England* but only the Sea-Coaih

chap, xxrv.

j n what Cy/* 4 Precipe in Capite u not grantabk.
^T^eWritthatuallediVffi^^OipiVfis not
I grantable from henceforth to no Perfon of
any Free- hold, whereby any Free-man may lofe
his Court.

CHAP. XXV.
TherffbdU be hit on* Meafure throughout the Realm

OjNe Meafure of Wine fhall be through our
Realm, and one Meafure of Ale, and Mea-
fure of Corn* that is to fey, the Quarter of Lo»-
dtm. (ij And one Breadth of dyed Cloth, Ruf-
lets, and HaberfeQs, that is to fay, two Yards
within the Lifts. (3.) And it fhall be of Weights,
as it is of Meafures.

CHAP. XXVL

Inqmfitum of Life and Member.

I^Othing henceforth fhall be given for a Writ
io bflnquifition, ror taken of him that pray-
eth Inquifition of Life, or of Member, but it
fhall be granted freely, and not denyecL

Chap. XXVIt

or any otherwife deftroyed) nor we win not
pafi upon him, nor condemn bitty hot £yjawfhl
Judgment of bis Peer*, or by Law of ibuj(nd>
(ij We/will fell to no man, we will noFaeny*
Or defer to any man either Juftice or Bigbi^

CHAP. XXX-

JUerchatjh4>zcrfy <wm*£mo tbv Rut*, fk*t
kveSuftJ.

ALL Mutuants.. <if they were not openly
prohibited before) wall have then: fide and
fare Condu&to depart oat oj&£»;W, as to
come into Et%UM, to tarry in and go through
EngLmd, as well by Land asbySea* to boy and
fell without any manner of. evil Tools* by. the
old and rightful Coftonny except in time, of
War- (*•) And if they be of , a Land making
■war againft os$ and befonnd inoor Realm atjthe
beginning of the Wars, tneyiball be attached^
without harm of Body and Goods, until all be
known unto us, or oor chief Jintice; how our
Merchants be intreated there in the Land ma-
king waragainflus. ,( j.) And if our Merchants
be well intreated there, theirs ihall be likewife
With us.

CH.AP. XXXX

Tat art of * fi^rtitj comni irttotitKUfriXiulh

FanymanhordofanyEfcfaeats, as of thenar
noMxolW4tU»iford y Nottingham, Bitting Ot

I 15 1
of any other Efcheats, which be in our hand and

ourBarronys, and dye, his Heir fliall give none

other Relief, nor do none other Service to Us,

than he fhould have done to the Barron, if it

had been in the Barrons bands. (2 ) And we in

the fame wife Jhould hold it as the Barron held

it, neither ihall we have the occafion of any

Barronof or Efcheat, any Efcheat, or keeping

of any of our men, unlets he that held the Bar-

rony or Efcheat, otherwife held of us in Chief, *

•CHAP. XXXII.

Lands (baB not he aliened to the Prejudice of the

Lords Service.'

NO Free-man from henceforth (hall give or
fell any more of his Land, butfo, that the
refidac of the Lands the Lord of the Fee may
havetheferviceduetohim, which bdongeth to
the Fee.

CHAP. XXXIH.
Patrons of JhbiesJhaB have the Qtftodyaf than in

time of Vocation.
A LI Patrons of Abbies which have the Kings
Charter otE*gt**d, ofAdvowfon,orhave
old Tenure or PoflefGon of the fame, (hall have
the Cuftody of them when they fell void, as it
bath been accuftomed, and as it is afore de-
clared.

CHAP.

Ct«3

CHAP. XXXIV.

/nwbttortty cdfc dWomm JbaU btvc 4* Jfful
0/ Dtdtb.

NO man fhaO hetaken or imprifoned upon
theappeaiof a Woman, for the death of
any other than her Husband-

CHAP. XXXV.
jkwbMttjmefl*tkkftMQmmjC$9irt p Sheriffs

Turn and Lett.
MO Country from henceforth ball beholden
* T but from Moneth to Month; and where
greater time hath been ufcd^therefball be greater
(1.) Nor any ShcnfFor his Bay lifFfhaU keep his
Turn in the Hundred but twice in the year, and
no where but in due place, and accuftomed, that
is to fay, once after E*flcr^ and again after the
FesJtofSt. Atkbtel, without occafion. So that
every man hath his Liberties which he had, or
afed to have in the time of King /fairy, our
Grandfather, or which he purchafta flnee.
(4.) The view af Frank-pledge (hall be fo done,
thatfo our Peace may be kept. (5.) And that the
Tything be wholly kept, as it hath beenaccu-
ftomed. (O And that the Sheriff fcek no occa-
fions, and that he be content with fo much as
the Sheriff was wont to have for his View .
making in the time of Ring Henry our Grand-
father.

CHAP. 36.

C i8 3

wife (*) And for this oar Gift ana Grant of
theft Liberties, and of others contained in oar
Cbmer of Liberties of Oar ForreB, the Arth*
Bijhofs, Ai/W Abbots, Priors, E*rls f B*mms %
Tmgb'y Freeholders, tod other onr Subjefts,
have given onto ns the fifteenth part of all their
Moveables. (^) And neither We nOr Our
Heirs ffaall procure or do any thbg whereby the
Liberties, in this Charter contained (hall be in-
fringed or broken. (6.) And if anything be
procured by any Perfbn, contrary to the Pre*
mifcs, it fhall be had of no force nor effect,
thofc being Witneflcs, Lord A Arch-Bilhop of
Gv*erbmy 9 £. Bilhop of London , &c. We
raufjiiK and approving thefe Gifts and Grants
aforefaid^Confirm and make ftrong all the fame
for Us and Our Heirs perpetually. And by the
tenure of thefe prefents do renew the fame, wil-
ling aad granting for us and our Heirs, that this
Ctojcr, and all andfingnlar his Articles, for-
ever Jhall l>e ftedfaftly, firmly and inviolably
obferved. InWitnefs whereof we have caufed
thefe our Letters Pattentsto be made, T.Ed-.
w*rd> ourSonexWefiminfter the twenty eighth
day ofMtrch, in the twenty eighth year ol outf
Reign.

The

C«s3

IbeCOMMlNT on Magna
CH ART A.

THis excellent Law holds t&e firfl: place in on.
Statute Books, for though there were, no
doubt, many Afts of Parliament long before
this, yet they are not now extant; 'tis called
Magna Chm^ or the great Charter, not in
refpett of its buik,but in regard of the great im-
portance and weight of the matters therein
contained ; it is alio (tiled, Chart* Libertatkm
%«, The Charter of the Liberties of the
Kingdom j And upon great Reafon (faith Cook.
in his Proem) is fo called, from the efFcft, qnia
Liberia fiuit % becaufe it makes and prcferves the
People free. Though it run in the ftile of the
King, as a Charter, yet (as my L- Cbo^wdl
obfenres on the 38 chap*) it appears to have
palled in Parliament ; for there was then a
fifteenth granted to the King by the Bijhops,
Earls^ Barrons^ free Tenants and Ptofk^ which
could not be, bur in Parliament, nor was it
unufual in thole times to have Ads of Parliament
in a form of a Charter, as you may read in the
Princes Cafe, Coo. Rep. I. 8.

Likewife, though it be laid here, That the

King bath given and granted theft Liberties,, yet

C 2 they

^ C20J

racy nrafl not be undcrftood as racer Emana-
tioos of Royal favour, or new Bounties grant'
cd, which the People could not juftly challange.
or had not a right onto before* for the Lord
Cook.in divers places afflbrts, and all Lawyers
know, that this Charter is for the moftpart only
Declaratory of the principal ground of the Fun*
dynenta] Laws ard Liberties of England \ No
new Freedom is hereby granted, but aRetUtu*
tion of fuch as lawfully they had before, and to
free them of what had been ufurped and en-
croached upon them by any Power whatsoever •,
and therefore you may iee this Charter often
mentions [uaiara^ their Rights and Liberties,
which flrcws they bad them before, and that the
fame now were confirmed.

As to the occafion of this Charter, it muft
be noted, that our Anceftors, thc5*xa**', bad
with a molt equal potee and Temperament, very
wifely contrived their Government, and made
excellent Provifions for their Liberties, and to
prefervethe People from Oppreflion; and when
wiUUm, theiVonMjf, made himfelf Mailer of
the Land, though he be commonly called the
Conquer or^ yet in truth he was not fo, and I have
known feveral judges that would reprehend any
Gentleman at the Bar that cafually gave him
that Title*, for though he killed Horrold tho
Ufurper* and routed his Army, yet he pre-
tended a right to the Kingdom) and was admit-
ted

ted by comparand did take an Oath to obferve
the Laws and Cuftoms.

But the tiuch i$>hc did not perform that Oath
fo as he ought to hare donc,& hisSucceflbr WiU
tidm H *fw J&ing Snpbc* $ Hcmy the \R,& Richard
likewife made frequent encroachments upon the
Liberties of their People j bnt efpeclally King
John made ufcof fo many illegal devices tb drain
them of Money, that wearied with intollerable
Oppreflions, tney refolvcd to oblige the King
to grant them their Liberties, and promifetho
lame fhouldbeobferved, which King John did
in R*nning.Me*d between Samrznd Windfe&y
two Charters, one called, Chart* Libertatiutt,
The Charter of Liberties (the form of which
you may read in Mmtbew Paris, foLi+e. and is
in effect the lame with this here recited} the
other, The Charter of the Fvrrtft, Copies of
which he fent into every County, and command*
eth the Sheriff, &c* to fee them fulfilled.

But by ill Council be quickly after began to
violate them as much as ever, whereupon Di-
sturbances and great Miferies arofe, both to him-
felf and the Realm. The Son andSuccelfor of
this King John y was Henry the third, who in
the 1 9th Year of his Reign, renewed and con-
firmed the faid Charters j but within two Years
after cancelled them by the pernicious Advice of
his Favourite ' perticularly//*&r* de Bu9gh 7 vfhom
he had made Lord chief juftice \ one that in for-
mer times had been a great lover of his Country,
C 3 and

C » J
andawdl-deferviiigPatriat, as weU as learned
iatbe Laws, but now to make this a ftep to his
Ambition (which ever Rideth without Reins)
perfwaded and humoured the King, that be
might avoid the Charters of his Father Ring
7**, by Dorcfs, and his own Great Chatrer,
wdCbtrtM dc Fortjtd&Oi for that he was with-
in Ace, when he granted the fame * whereupon
the King in the eleventh Year of his Reign, be-
ing then of foU Age, got one of the Great Char-
ters, and of the Forrcft into his Hands, and by
tfaeCoonfel principally of this if^frr his Chief
Jaftke, ata Gooncil holden atOx/ori, unjnJtiy
cancelled both the (aid Charters, ( notwith*
tending the laid Jftfcrr 4 Burgh was the Pri-
mary Witnefs of all Temporal Lords to both
the laid Charters) whereupon he became in
high favour with the King, infomucb that he
was foon after (t*&- the 10th of December, in
the 13th Year of that King,) created (to the
highett Dignity that in thofe times a Subjoft had)
to bean Earl, viz* of Kern: But foon after (for
Flatterers & Humorifts have no fure foundation)
he fell into the King's heavy Indignation^! af-
ter many fearfol and miferablc Troubles, he was
juftly, and according to Law, fentenced by his
Peers in an open Parliament, and juftly degraded
of that Dignity, which he unjuftly had obtained
by his Counfel, for cancelling of AUgns Charts,
%n& Charts it Fonfts.
In the 9th Chapter of this Great Charter, all

the

L2J 3
^cAncicntLibcrtiesandCuftomsofI^rJa«arc
confirmed and preferved, which iilikewifedono
by divers other Statutes, as 1 * Edw. 3. Chap, a

The 29th Chapter, NO FREE-MAN SHALL
BE TAKEN, &c. DeTervcs to be written in
Letters of Gold v and I have often wondred the
Words thereof are not Infcribed in Capitals
on all our Courts of Judicature, Town-Halls,
and moft pubtick Edifices ; they are the Elixtr
of our Enrlijh Freedoms^ the Store-houfe of all
our Liberties. And becaufe my Lord Cookjsx the
fecond part of his lnfitms % hath many excel-
lent Observations, his very Words I fltidl here
R«cite.

This Chapter contained* Nine feveral
Branches.

Fkft That Novum bttAg* trtmfrijwxdf far
per legem terra ; thatis, by the Common-Law,
Statute-Law, orCuftomot£jgAtJui) forthefo
words, fcrkftrntcrr*^ being towards the end
of this Chapter, do refer to all the precedent
matters in this Chapter; and this hath the firfi:
place, becaufe the Liberty of a man's Perlbn is
more precions to him, than all the reft that fol-
low, and therefore it is great Reafon that he
ihould by Law be relieved therein* if he be
wronged, as hereafter fhall be (hewed,

zdly. No numfuiU bedejfeifed^ that if, put

out of Seffin, or diffoMcd of his FrecJnUfint is,

Lands or Livelihood, or of hu Liberties^ orfru

Qifioms % that is, of fuchFranchifes and Free-

C 4 doms,

L*4 J

dams, ami freeCufoms as belong to him, by his
free Birthright, unWs it be by the the lawful
Judgment, that is, Verdict of his Equals (that

S of men of his ovrn Condition) or by the Law
the Land, thatia (to fpeakit once for all J
by the due Courfc and Procef* of Law

3<lly. Norn** frail be Ont-Uwd, made mt Ex
lex, namtoftheLaw 9 that is, deprived of the
Benefit of the Law, nnlefs be be Out-lawed ac-
cording to the Law of the Land.

4thly . No mm fall be Exiled or Bnmfbed one
of his Country, that is, nemo pndit pntri*m, so
man (hall lolehis Country, unlefs he be Exiled
according to the Law of the Land,

ythly. No mnn fall w*ny fort hi deftroytd^
(Deftruere id eft quod prius ftruAara & ftAura
fait penitis EvertcreEt dimcre>»/r/i it be by the
FertUS of bis Efuds* or according to the L*w of
the L*nd.

6thly. No man fall be condemned *t the King's
Suite., either before the King j* bis Beneb y where
the Pleas are CornmRqge (and lb are the Words,
ticefipereum ibtmns, to be understood) nor be-
fore any other CoramtlSoner or Judge what-
foevcr ; and fo are the words, nee f«fcramA£*
timmjto be underltood,^/ by the Judgment of Ids
?eers % that is, equals, or according to the Law
of the Land

7thly. We faU fell to no man Jtftice or Right.

8thly. Wojball deny to no man J*jti*e or Right.

jthly* We fall defer to no mmJufHeeor Might.

Eatb

Each of theft we (hall briefly explain .•

1ft i Neman frail be tak^n, (that is) reftrain-
cd of Liberty by Petition, or f uggeftion 10 the
King or his Council, unlefi itbeby.fadi&ment
or Prefentmentof good and lawful men, where
fich Deeds be done. This Branch, and divers
other parts of this Ad, have been notably Ex-
plained and Conftrued by divers A6ts of Parlia-
ment.

2dly ; No man JhaJl be Diffeifed, &c. Hereby
is intended that Lands, Tentmtnts, Goodt and
Chinch, {hall not be feifcd into the King's hands
contrary to this Gteat Charter, and the Law of
the Land } nor any man ihill bedifleifed of his
Lands or Tenements , or difpofleffed of his
Goods or Chattels, contrary to the Law of the
Land.

A Caftomwat AlUdgidfntbtTvwnofC. that if
the Tenant teafe by two Tears^ that the Lord fhonU
enter into the freehold of the Tenant, and hold the
fame until he vferc fortified of the Arrearages. It
was adjudged a Culiom againft the Law of the
Land, to enter into a nans Freehold in that
cafe, without Action or Anfwer.

King Henry the dtb, granted to theCorpo*
ration of Dyers within London, Power to feartb,
&c. And $fth$y found any Cloth dyed with Log-
Wood* that the Cloth fionU be forfeit. And it was
adjudged, that this Charter concerning die For-
feiture, was Againft the Law of the Land, and
this Statute; for dp Forfeitnre can grow by
Letters Pat tents* No

C 26 )

No man ought fiobepat from hi* livelihood,
without Anfwef.

3<Uy, ZHtmnOm-lmd} that JS, barred
to have the benefit of the Law. And note, to
tjw word OutMmed, theft words *"*/» *T «**
Lsmoftbe Lout, do refer {#** Lfartiaiy
This word hath three Significations.

i>, As it hath been &id, itfignifiethfkl*w
•f the lfcrfw, in which refpeQ, this Charter h
aSkACi4rt4LikrfMii0, as afore-laid.

*ty,It fignifieth Tic Frmfam tbtSubjefh o/Eng-
land tape .• for exarapk,tbe *omf*ny of Merchant-
Taylors of f^ta^baving power by their Char-
ter to make Ordinances made an Ordinance,
Thst every Brother of the/mm Society jhouU pit the
AM half of b&Chabtfbedre]fedhyfim Clmh.

mrkprfin of the fume Comftrty, *f°*. t** t0 fa"
feit ten Shilling &c. And it was adjudged that
this Ordinance was againit Law, became it was
agamft the Liberty of the S$tbjc8 y for every Sub-
ject hath freedom to pot his Cl<wths to be dref-
fed by whom he wilLdv. fie de fimiUhu. And fo
itis, if foch, or the like Grant had been made
by the Letters Pattents.

yltj i LjArmw fignifie the Franchiz«&Pr ivi-

ledges,which the Subjects have of the Gift of the
Kiflg,asthe Goods & ChMtcUof FcUoM y OutJ*9s,
and the. like* or which the Subject claims by
Prefcription,as Wr«4, lV*if, Str*y t and the like.
So Kkewife, and for the fame Reafon, if a
Grant be made to any man, to have the fole ma-
king of Qvds % or the fole dealing with any other

Trade,

L*7 3
Trade, that Grant is againft the Liberty and
Freedom of the Subjed, that before did, or
lawfully might have ufcd that Trade, andcon-
fequently againft this Great Charters

.Generally all Mbnofolies are againft this great
Charter, becaufe they are againft the Liberty
and Freedom of the Sabjeft* and againft the
LaW of the Land.

4*Wf> LNo man Exiled] that is, Banitht, or
forced to depart, or ftay out of England, with-
out his confent, or by die Law; of the Land : No
man can be exiled, or baniihed out of his Native
Country, but either by Authority of Parliament,
or in cafe of Abjuration for FeUony, by the Goixk-
mon-Law : And fo when our Books, or any Re
cords, fpeak of Exile or Baniibment, other than
in cafe of Abjuration, it is to be intended to be
done by Authority of Parliament, as BcByap and
other judges, &c. baniihed into Ireland in the
Reign of Richard thefecond.

This is a beneficial Law, and is conftrued be~
nignely -> And thertforethe King cannot fend any
Subject of England againft his Will to ferve him
out of the Realm, for that Ihould be an Exile ;
znd he {hou)dpcrdcrcp*triam: No, he cannot be
fent againft his Win into Ireland, to fcrre the
King or his Deputy there, becaufe it is out of
the Realm of England 9 for if the King might
fend him out of bis Realm to any place, then
under pretence of Service, as Ambaflador, or
the like, he might fend him into the furtheft

parts

[28]

parts of the World, whom being an Exile, is
prohibited by this A&.

1*fif£Nb m*n Wt/#y*f]that is,Fore- judged of
kite or Limbs,orpuuo torture or death , every
Onpreffian againltLaw, by colour of any ufijrp-
ta Authority, is a kind of Ddtruftion, and
the words *ti£*omdo, any other wife, are added
to the verb itftrvyU^ and to no other Verb an
this Chapter * and therefore all thing*, by any
manner of means, tending to Deftruction, are
prohibited: Asif.amanbeacoifedorindi&cd
bf Treafonor Fellony, his Lands or Goods can-
not be granted to any, no, not fo much as by
jr0mife> nor any of hii Lands or Goods feized
into tht Kings hand,, before he is attainted \ for
when a Subjeft obtain* h a proraife of the for-
feiture, many ' times undue means, and more,
violent Profecution is tried for private Lucre,
tending to deftru&ion, than the quiet and jutt
proceeding of the Law would permit \ and the
party ought to live of his own until Attainder.

tfihly, [By Uwfnl judgment of his Peers] that
is, byhiseauals, men of his own Rank and Con-
dition- The general divifion of Perfons, by the
Law of England*, is, either one that is Noble.
attdin refpea pf nis Nobility, of the Lords Houfe
of JirUdment) or one of the Commons y and in
refpett thereof; of the /frw/e of Common* w
Parhdtfitnf. And as there be divers decrees of
Nobility, asl^«, ^^f*^', Emrls^ rtfeosurts

and Btrrws, and yft all of them are compre-
hended

Ci9 3
bended under this word Peers, and are Peers of
tbcRcdlm } fo of the Commons^ they he Knights^
Efyaircs, Centkmn % Citizens and Temen y and
yet all of them of the Commons of the Renins* And
as every of the Nobles one is a Pter to another,
though he be of a feveral degree, fo it is of the
Commons \ and as it hath been (aid of Men, fo
doth it hold of Noble Women* either by Birth
or Marriage.

And forafmuch as this Judgment by Peers is
called lawful, it (hews the Antiquity of this man-
ner of Tryal; it was the antient accuftom-
ed legal coixrfe long before this Charter.

7thly t [Or by tkcLtwof the Laid] thatis Y
by dueProccfs of Law, for fo the Words are
exprefly expounded by the Statute of 37 £ ^». 3.
Chap- SL and thefe Words are especially to be
rtfered tothoft fore-goings to whom they re-
late j As, none jhttt he GmdemnedwkboMt * law-
ful frytl by his Peers, ft> none jb*ll beTakpi, or
Jmprijoned, or fat o*tofbi$ Freehold, wttboti due
Procefsof ibeL*w\ that is by the Indi&ment
or Presentment of good and ^wfol men of the
place, in due manner, or by Writ original of
the Common-Law.

Now, feeing that no man can be Taken, Ar.
refted, Attached, or Iroprifoncd, but by due
Proctfs of Law, and according to the Law of
the Land; thefe Conehifions hereupon do follow:

I. That the Perfon or Perfons which commit
any, muft hare Lawful Authority.

2. H

Tio3

2. It is nccriB^.tSattbc Warrantor Mitti-
mus be Lawful, and that mult be in Writing un-
der his Hand and ScaL

3. The Caufcmuft be attained in the War-
rant, as for Treafan^ Tetkfy, &c«f*fpcm of Trek-
fan or FcUony i or the like pert icular Crime : &r
if it do not thus fpecific the Caufe, if the Prifbner
brtogbb Habeas Corym^ hemuftbe dilcharged,
becaufeno Crime appears on the renin; nor is
it in fuch cafe any Offence at all, if the Prifoner
make his efcapev whereas if the Mtitvms
contain the Caule y the efcape would refpe&ire-
lybcTredfon or Ftlbty thoughin truth he were
not Guilt/ of the firft Offence, and this mention-
ingobe Caufe, is agreeable to Scripture, AEts ?,

4. The^or4irrorA^r|im^containingaJawr
fbl Caufe, ought to have a lawful Conclufion,
Viz. Andbimfafelyto k*tf »ntil be be delivered by
L**i&0, and not until the party committing
/hall further, order.

If a man, by colour of any Authority, where
he hath not any in that particular cafe, jhall pre-
fume to Arreft or Imprifon any man, or caufe
turn to be an^ed or imprisoned, thisisagainfb
this Ad, and it is moft hateful, when it is done
by Countenance of Juftice. King £dm*rd the
filth did Incorporate the Town of St. Albans,
and granted to them to make Ordinance, &c they
made a by-Law uponfifr of Imprifinment, and it
was adjudged to be againfl this Statuttof Af*f-
na Chart* % fo it had been, if fuch an Ordi-
nance

*?£ -Fft owknwlin the Pattenttt fttt

This is fpoken^inthePtrfoq of theKipt who
wjndgment of Law in ail Cram of jSkcefe
preftnt ; and therefore every Sobje& of this
RolnYfcr Injary done to htm m Sow, TerrU,

any other Subieft, Ecckuaftkal orTeropZ
^whawverhehe. without exception, may
^ehisR«nedvb^CbiirfeoftheTLa5,mJ
W U fe a ? W«l««»r«helnjnry done him,
^without Sale, A*wiU»otanJ denyaLaS

three Qyahties, it mnft be Libera, fite; for

ffc»S jull, for Jnfcceoaghtnottolimp, or be
erotedpiece-iiieal and &, foeedirj /«£

^iPt*"*?"** «to»7no^nsCom,
mon-Rijht or Common-Law {houM be diftnrl

under the OwM, or A*, ** o^
loever, either from the King, or anv other *

C^J* ttcr$ » ° rder » Meflage, or other
COnwJandment were come tolhem\ Attw

Judges

t 32 3
Tjriges (Wear to this rfbr 'tis part of their Oaths,
so that if any (hall be found wreftinjg the Law to
fervea Courts turn, they are Ptffiartd^ as well
as tty*/? i the common Laws of the Realm
Ihouldby no means be delayed, for the Law is
the furcft Sanduary that a man can take* and
theftrongeftFortrefito protett the weakeft of
all% L€x 'ft '*#** C*ffis f the Lawisa raoft
fife Head-piece \ksAfi* Cfyfto Ugismm jkcifitur,
no man is deceived whilft the Law is his Buckler j
but the King may ftay his own Suit 1 -, as a Csrids
fro fat* for heraayrefpi this Fine, and the like.
ABProteftions.ihat arc not Legal, which ap-
pear not in the Regiftef, nor warranted by our
Books, are exprcfjy againft this Branch, n*M
difftrtmm % we will not delay any man, as a pro*
te&ion under the Great Seal granted to any man
diredly to the Sheriff, &c. and commanding
them ? that they (hall not Arreft him, during a
certain time, at *ny other man's Suit; which
bath Words in it, Pnft^ogMnfmnofkr^mtituu^
tfoUtmm •$€ jtrgmnJUm ? by our Prerogative,
which we will not hare aifpoted ; yet fucb T > ro-
teftians have been argued by the Judges, accord-
ing to their Oath and Duty, and adjudged to
be void *, as Mich, 1 1 //. 7. Rot. 04. a Proce--
dion granted to Holms aVratnertf jUff<to?,his
FaAors, Servants and Deputies, &c. rcfolved
to be againft Law, P*f.*j H.k. Xot+66. fuch
aProteAiondifallowed, and the Sheriff amerced
for not Executing the Writ, Mich. 13. and

14 EBc in Hitchcock. Cafe, and many other of
latter time : And there is a notable Record of
ancient time in 22 £. 1. pfoto <& AfarJkatUcafe ;
Ab» fernnet ad vicuomiiem de froteSione Regis
J*dicarc 9 imoadCnriam.

jMjHcc$rrirht] We (hail not M, deny or de*
lay Jnfltec and A*/ir, neither the end, which if
J»fticc- y northern*** whereby we may attain to
the end^and that is the Law : Rsg he h taken here
for L*w t in the fame fence that Jufticc often is
fo called, 1 . Becaufe it is the right Line, where-
by Jufticc distributive, is guided and directed ;
and therefore all the Coiumiffioners of Oyer and
Terminer^ ciCoaUdetivery^ of the Feace 9 &e. have
this clanie, FaSnri unodjnfkituon fcrtinet^ fteun-
dam legem & confnetudinem AngHa^ i.e. to do
Jufticeand R>ght, according to the Rule of the
Law & Cuftom of EngUnd - & that which is cal-
led common Right in 2 £. 3* is caljied common Lam
in 1 + £.3. &c and iri this ienfc iris taken, where
it is fold, Jta qnodfiae Rc&hs in Caria^ id eft Lcgi
in Cm*.

2. -The Law is called ReBnm i becaufe it difco-
Yercth that which is tort ^rooked or wrong j for as
Right fignifieth Law, fo tort, crooked or 'wrong fig-
nineth Injmus % and /tf/*rw ej? cwm Jns\lnpry is
againft Right, &S* linen eft index fni & oblujki 9
fright line is both declaratory of it/elf and the
oblique. Hereby the crooked Cord of that which
is called difiretm appeareth to be unlawful, im-
lefs youtake it, as it ought to bet fycrctio *fi difi*
D ccrnere

ftmcrefcr Ugm % quidfu Jnfim^ difcretion hto
diftern by the Law what is jnft.

It is called *#*, becanfe itis tig belt Bir&-
nrbt the Subjed hath, for thereby his (Soak
Unds, mfikckiUn* ? ttsB*dy, Ufa Honor
dcBftimation are protected from Injury &wv»g.
M*jcrHmditdsvMM*kfi*f r mftrm* *Jure&
Ugiiimti y* *?mrtmib*r; A greater Inheritance
defcends to us from the Laws, than from oar
Progenitors.

Thasfcr the very words of that Oracle of our
Law, thefige and learned Co^ which fo fully
and excellently explains this incomparable Law,
that it will be ftfpcrfluousto add any thing fur-
ther thcrcup to.

jtConfirmstion of the Charters ?f the Liberties of
England, *nd of the Forrelt^ tmulc m the$$h
Tetrqf Edward the fir/.

VDvnrd^ bythe Grace of God, K- of Engl***,
*-* Lord of lnl*nl>. $nd Doke ofGtyat, to all
thofc thefe prefentLetters (hall bear or reelect-
ing. Kmwye > that we to the honour of God^nd
Qfboly Church, aid to the profit of our Realm,
have granted for us and oar Htirs, that the Cha-
fer ofLibtrtkh and the Charter of the Fort-eft;
which were by common coofentoull the Realm,
ta the time of K./fo»y our Father, {hall be kept
in every point without breach. And we will that
the lame Charter ihall be tot under our Seal, as

well

< *s>

well to our Jtfkesof thtFmifa as to others*
and to all Sheriffs of Shires, and to all our other
Officers, and to all onr Cities throughout the
Realm, together with onr Writs, in which it
(hall be contained, that they caufe the aforefaid
Charters to be publifhed, and to declare to the
People,that we have confirm'd them in all points.
And that onr JtjHcers, Sheriffs and Myors, and
Other Ministers , which under us have the
Laws of our Land to guide, (hall allow the
fame Charters pleaded before them in Judgment
in all their points,that is to fay, the grctt Charter
as the cemmn L**, and the Charter off be Font ft
for the Wealth of our Realm.

Chap. 2. And we will, that if any Judgment be
given from henceforth contrary to the points of
the Charters aforefaid, by the Jufticers, or any
other our Minifters that hold plea before them,
againft the points of theCtoftrs, it lhall be un-
done and holden for naught:

Ctyj. And we will, that the lame Charters
lhall be lent under our Seal, to Cathedral Clmdtes
throughout our Realm^there to remain, and (hall
be read before the People two times by the yean

Cap. 4. And that all Arcb-Bifcopt & Bijbops (hall
pronounce the fentence of Exeomrnktrieatian a-
gainft all thofe that by word, deed of council, do
contrary to the aforefaid Charterer that in any
point break or undo them. And that the faid
Curfes be twice a year denounced and publifhed
by the; Prelates aforefaid. And if the lame Pre-
D 2 lates

(0)

lates, or any of them, be remifs in the denuncia-
tion of the faid Sentences, the Arch-Bifhop of
Cdmcrtntty and Tork far the time being, (hall com-

Bi and cuftrain them to the Execution of their
uties in form aforefaid.

C*p.$. And for fo much as divers People of our
Realm are in fear, that the Aids and T**ki which
they have given to us before time, towards our
Wars, ana other bufineft, of their own grant,
or good will (however they weremade) might
turn to a bondage to them and their Heirs, be-
caufe they might be at another time found in the
Rolls, and likewife for the prizes taken through-
out the Realm by oar Mirrifters, We have grant-
ed for us and our Heirs, that we (hall draw no
foch Aids, Tasks nor Prices into a Cuftom, for
any that bath been done heretofore, be it by Roll
or any other Prefident that may be found.

Cafj&> Moreover, we have granted for us and
our Heirs, as well to Archbi/bops, Bijhofs, Abbots,
Priors^ and other folk of holy Church, as alfo to
Earls > Barons, and to all the Commonality of the
Land, that for no bufinefs hence-forth, we (hall
take fUch manner oCAids, Tab? ox Prizes, but by
the common aflent of the Realm, and for the
common profit thereof \ favmg the anttent Aids
and Prizes due and accoftoroed.

C*f. 7. And for fo much as the more part of
thtCommwAlito of the Realm find themfelvesfore
grieved with the Matetot ofPVMsjtoA is to wit,
a Toll of 40 s. for every Sack of W00U and have

made

(37)

made Petition to us for to rdcafe the fame : We
at their Rcqneit have clearly rekafed it,and have
granted for us and onr Heirs, chat we fhall not
take fuch things, without their common cement
and good will, laving tons and onr heirs the
Cttftom of Wools % Skjns and Leather, granted
before by thtCommonality afbrtfakL In rrmefs
of which things we have caufed our Letters to be
Patt-ent, Witncfs Edward pur Son,at London the
i oth of OUober; and the twenty fifth year of onr
Reign.

The sentence of the Clergy againft the breakers
of the Articles above written.

IN the Name of the Father, the Son *nd the holy
Ghefi, Amen. Whereas ourfweraign Lord the
King, to the hononr of God and of holy Church, and
for tne common profit of the Realm, hath granted for
him & his Heirs forever, thefe Antcle* above writ-
ten* KobertjArchhilhof o/Cantefbury, Primate of
all England,«i*wn/*trfe all his Province once, twice
and thrice; Becauje thatfhortnef will not fnfferfo
much delay, as to give hwoleige to all the People of
England of thefe prefints in writing. We therefore
enjoyn atperfont, of what Fftatejocver they ht^ that
they and every of them, as much at in them is, Jhall
uphold & maintain thefe Artlelet granted by onr Sov .
Li* the K. in aU points. And all thofe that in any
point do refifi or breaks, or in any manner hereafter
procure y counfcl, or any waysajfent to refift or break

thofe

(38)

tkfeOrAumetyOrgo***, bfwiarittl,
nm^ortr^^wmmmivoffrtttmatcohmi
rrttb€foref*U Jrth.hifkcfJyo*r Jmhoty in this
witm exfrtffed, d* enxommumattt & Mtttrje, snd
f^mteBodjofimX4riW*CbrM % Mifiim&
&fCo»r*mcffic*vc*, o»4jramMitbe$Mrmtm
tfbtb Cbmb % iofamfttr *ni txehtit.

t&. It may beobferved that this Corfeiskft
d^tcf oor late priotadaatnto-Books, tho'in.
Jertedat large ia that printed in 3 VoL inQJ&c*
day%<M"e!S57. There fa likewift another like]
4rtaifel,bntmore full and exprefi Curie, folemn-
ly pronounced before inthetimeof K.#«ny3»
which aMb being omitted taoor modem Statute-
Book,! shall here add.

The Sentence or Curie given by the Bishops a-
qainfi theBreakers of the grct Quarter.

I&tbtTtvofoKrLcrdws. tbe$4*gofM3f 9
in ihegrtMt HM of the K. # Weftnoinfter, in
tbtfrtfencc4*Aty tbtMJftnt of the Lord Henry, hy
tbtGr/ue t/CodK. 0/Eflgtand,^ the Li Richard
E4r/ o/Cornwall his Brother^ Roger Bigot Earl of
KoTfolkWSufFol^iW-r/fc^o/England, Hom-
phery Etrlof. Hereford, Henry Bttrl o/Oxfbrd,
Jtfhn Earl Warren, and other Eft**** of tie Realm
of England ; W. Boniface, ty the mrey of God
^rcb^nJbofcfOu\terbiiTy,PrmMte of all England,
F; o/LoaAon, H. o/Ehr, 1 of Wbrcdler, E. of
Lincoln, W. ^Norwich, G. •/Hereford, W.«/

Salisbury

1 ?9>
Salisbury f W^/Dorhanr, lU/. Enter, M. o/Car-
lile. W. */ Bath, E-o/Rochefter, T.of 5*. Davids :
Jfr/fcopj affareledin Pomjfctak, with Tapers bnm-
*£» «^w# r^tre^Jo/*f ^Chortb^Libcrtics,
m 0/ jfce Liberties or other CnSomt of the Realm of
England, and namely thoft which are contained in
the Charter of the common Liberties of England,
and Charter of the Fprreft^n* denonxced tnejen-
ttnee of Excommunication in Ms form. By the Au-
thority of Almighty God % tbt Father^ the ton and the
hOf Gktft, and of tbt glorious Mother ofGed^ and
tfrfmntffoginl&a&i* of the blefftd A poft Us Vtter
JMPattl, nndofatjifcytles, and ofaU Martyr^
and of bleffcd Edward, JTo/Eagland, and of aS the
Sts of Heaven, we Excommunicate, 4cc*rfe % &frwt
the benefits of our boh Mother the Cbarcb>wefew*fl*
at thoft that hereafter willingly &maticioujlydmivt
or ffoil the Church of her Right ; and aB thoft that
by any trnft or wUineft do ^wQlate^hrenky dimimfh or
change the Churchts Liberties, and free Cnftoms cm*
taimdintheOaxtcxsofthe common Liberties^
of the Votxe^^grnnttdby enrLjbcKingfoAnbJbfs,
Bft, *nd other PrtUtcs of England, smdlikfvtftto
the Earls, Barons, Knights; and other Free-holders
oftheResdm : And nB that fecretfy or openhjby deed
word or cQMtcil) do make Statutes, or ebferve them
being mnde^ and that bring in Cnftoms^ or k$*f them
when they be brought in- ugainft tbefatd Liberties or
any of them ; aMuUtbohthutfknUyrefumttofuJgt
tgainft them. AB and every vritichferfons before-
memhficd/hat wittingly fhaB tmnm any of the Pre-
D 3 mi/ft.

(4*J

mfo, kr them few, tbttthtf incur the firefud
Sentence, ipfofafto.

So zealous were ourAnceltors to preferve their
Lfartitj from encroachments, that they imploy-
ed all the ftreogth of human Policy and religious
Obligations to fecure them intire and inviolate;
Andldeclare ingenioufly, I would not for the
world incur this Curie, as every man defervedly
doth, that offers violence to the fundamental
Freedoms thereby repeated and confirmed.

AStime made Anno 34 Edw. 1. emmmtf called
de Tallegeo non Concendendo.

r*t v XJ° Tallage or Aid shall betaken or te-

M#i ^ vied by u$ or ourHdreiD our Realm,
witnout the good win and afleot of j*rckJByiwps f
Bifitpsy Earls* Barons > K night s y Burpffes, & other
Fnt men of tie Land.

Ctf.i. No Officer of ours, or of our Heirs,
shall take Corn, Leather, Cattle, or any other
Goods of any manner of Perfect, without the
good will ana aflent of the party to whom the
goods belonged.

Cty.)' Nothing from henceforth shall betaken
of Sacks of Wmfa colour or occafiou of mdletot.

C*f m 4. We will crant for us and our Heirs.
That all Clerks and Lay-man of oar Land, shall
have their Laws, Liberties and free Cuftomsas
largely and wholly as they have uftd to have the
fame at any time when they had them bed. (i»)
And If any Statutes have heen made by us fir our

Anceftors,

Anceftors, or any Cuftoms brought in contrary
to than, or any manner of Arwdccontaincd in
this prefent Charter : We will and grant that
fuch manner of Statutes and Cuftoms shall be
void and fmftratefor evermore.

Csp. 5, Moreovtr,wt have pardonM Huqhry
Bobm, EarlQf Hereford mdEfex y Gmftabkof
EngUxd, Roger Earl of Norfotfad S<0&ft, Mar-
shal of Engtmdflui. other tols,Banms^nights,
Efquires, and namely Job* d$ JPbr*W',wich other
being of their fdlovlhip, confederacy and bond,
and alfoof other that hold 20L Land in our
Realm, whether they hold of us in chief or of
others, that were appointed at a day certain to
pais over with us into FUmders, the rancour and
evil will born againft us, and all other Offences,
Uf**y they have committed^ againft US, unto the
making or this prefent Charter.

C*f. 6. And for the more aflurance of this
thine, we will and grant that all Arcb-Bfsm&
Jfj"torever,shal] read this prefent Charter in Ca-
thedral Churches twice in the year, and upon the
reading thereof in every of their ParishChurches
shall openly denounce accwrfed dllthofe thm mU
Iptgly do frotttretokt daw *ny thing comrtrj to the
tenor, f or ct and efjbll of this frefent Charter in spy
fob*. In witnefs of which thing, we have let
our Seal to this prefent Charter, together with
the Seals of the Arch*Bfs y Bft, which voluntarily
have (worn, that as much as in them fr, they shall
obferve the tenor of this prefent Charter.

The

The Comment*

f He word TtlUge is derived Jfrom the Trend*
Word7Wflrr, to share or cut oat a port, &
u metaphorically ufed for any Charge, when the
King or my other does cut out or take away any
part or shutout of a mans Eftate ; & being age-
neral word, it includes^ Sukfidia^ Tnxtsjemhs,
jUtj Impfitions, or other Chmgts whatfocrcr,

The word Mnletot fignifies an Evil (i.cunjoft)
ToU, Cnftom> lmfoGtion, or Sum of Monty.

The occafion of makmc this Statute, was this,
K. Edward being injured by the Frtneh King, re-
fblref to mteWar againft him, and in order
thereunto requires of Hnmjheryk BAmh Earl of
Herefordmi EfixpaA Conftable of EngUndpsA
of Rtf*r Bigot, Earl of Norfolk^naiSmt^ and
Marshal of England juA of all the Earls, Barony
Knights, Efforts, m& Freeholders of 20 A Land,
whether they held of him in Cafite, to contribute
towards fuch bis expedition, tut is,to go in per-
fon, or find fiifficieat mea in their places, in his
Arrays which the Conftable and Marshal, and
many of the Knights and Efyniw ? and efpecially
this John Ferrers taking part with them and al
the Free-men, ftoutlydenyed, unlefe it were fo
ordained and determined by common confentin
Parliament, according to Uw. And it fcems the
Conteft grew fo hot,that fl^r/ChroniclejW.pp.
relates a ftrange Dialogue that paffed between
them, vtJL. That when the End Marfhal told the
King, TM ifbisMdjefiy f leafed to go in Ttrfon>

C43 >
he would then go mth him % Ch march before him in the

ymuGuarijv by right of Inheritance he onght to 4»
butothcrwifebewoMmtftir. The King told him
plainly, He Jhould gowith any other ? uh? he went
not in Perfan. / dm not fa bound (faith the Earl)
neither ml 1 takg that Journey without yon. The
King fwore, By God, Sir Ear I, ym fltaU either ro
or Hang. And J Jwear by the fame Oath {(aid the
Earl) I wtU neither go nor hang. And fotfie King
was fore'd to difpatch his Expedition without
them. And yet (kith my UC«*J altho' theK.
had conceived a deep difpleaihreagpbft the Con-
fiable, Marjbal, and others of the Nobility, Gen-
try ami Common* of the Realm, for denying that
which he fo much deDred, yet, for that theyfiood
in defence of their Law, Liberties and free Cuftomf,
thefaidK.£<fe xfi. who (nSkWUl.Herte chief
Juftice of the Common Pleas, wholivM to bis
time, & fcrv'd him, laid in the time of KEdw.%)
was the wifefi King that ever was ; did after his
return from beyond the Seas, not only eonfent to
this Statute, whereby allfucb TaiagesisAJmn-
fitions are forbidden for the fofarefbot alfo panes
a Pardon tothefaid Nobks^&c. of all jRmtcour f IU
will & Tranfgreffums % \jfany they have committed}
which lalt words were added, lefrby acceptance
of a Tardcn ofTranfgref$on % they should impli-
citely confefs that tbey had tranfgrefled. So
caretal were the Lords and Commons in former
times to preferve the Antient L*ws s Liberties and
free Cuftems of their Country.

(44)

A»*hftradof tbtTttum grtnttdhy tbeXi/tgto
William Penn, tndbuHctntndJtftgns.

WE do give and grant (upon divers
confidcrations) to WUluim Pom his
Heirs flcAffigns forever all that tract
of Land in America with all Iflands thereunto be-
longing That is to fey from the beginning of the
fortieth degree of North L*tu*Jk unto the forty
third degree of North L*tit*slt whofe Eaftem
bounds from twelve English Miles above Ncw-
Csfilc ( alias DeUwtrt Town) runs all along upon
the fide of DtUwdrt -Bivcr.

2- Free and undifturbed ufe and paflage into &
out of all Harbours Bays Waters Rivers Ifles and
Inlets belonging to or leading to the lame Toge-
ther with the Soy 1 Fields Woods Underwoods
Mountains Hills Fenns IQes Lakes Rivers Waters
Rivulets Bays and Inlets fcRnate in or belonging
unto the limits and bounds aforefaid Together
with all forts of Fish Mines Mettles, &e- To have
& to hold to the Only behoof of the faid WiUitm
Pew$ his Heirs and Ailigas forever To be holden
of us as of our Cattle otWmdfor in free and com-
mon fbecage paying only 2 Beaver skins yearly.

3. And of our further Grace we have thoneht
fit to ereft and we do hereby ereft the aforelaid
Country and Iflands into a Province 8c Seigniory
and do call it Ptntfilvania and fo from henceforth
we will have it callM.

4. That

(45)

4- That repoGng fpecial confidence in the wif-
doro and juftice of the faid W. Pom we do grant
to him and his Heirs and their Deputies for the
good and happy Government thereof to ordain
and cnaft and under his and their Seals to publish
any Laws whatever for the pufaftick ufe of the
faid province by and with the advice and appro-
bation of the Free holders of the (aid Country or
their delegates fo as they be not repugnant to
the Law of this Realm & to the Faith 8c ADegi-
encc due unto us by. the kgdt Oovtrwnm thereofc
5. Full power to the laid VY. Ttm % &c to
appoint Judges Leiuttnants TufticesMagiftrates
and Officers tor what caufes foevtr & with what
Power and infuch Formastohirafeems conve-
nient alfo to be able to pardon & abolish Crimes
and Offences and to do all and every other thing
that to the compleat establishment of Jufticc un-
to Courts andTribunals forms of judicature and
manner of Proceedings do belong And our plea-
fure is & fo we enjoyn & require that fuch Laws
and Proceedings shall be mod absolute and avail-
able in Law and that all the ieige People of us
our Heirs and Succeflbrs inviolably keep the fame
hi thofe parts laving to us final Appeals.

6. That the Laws for regulating Property as
well for the difcent of Lands as enjoyment of
Goods and Chattels and likewife as. to Felonies
shall be the fame there as here in EngUnA until
they shall be altered by the faid VV. Ttnn hit
Heirs of Affigns and by theTree-mcnofthefaid

province

(46)

Province or their delegates or deputies or the
iu eater port of them*

7* Furthermore that dus new Colony may the
more bappfy cocreafeby the multitude ofrtople
reforting thither therefore we fit us our Heft*
and Succeflbrs do hereby grant Ltfence to aD the
kige People prefent Ac rotmt of us, &c (excep-
ting foch as shall befpeckliy forbldden)to tnuu-
port themfrlves and Families into the laid Conn**
try there to inhabit & plant for the pubikk and
private good,

8. Liberty to tranQmt what goods or com-
modities are not forbidden paying here the legal
Guftoms due to «f &c

9. Power to divide the Country into Counties
Hundreds and Towns to incorporate Towns in-
to Burroughs and Burroughs into Cities to make
Fairs ami Markets with convenient Priviledges
according to the merit of the Ihhabitantsor the
fituefsotthe place And to do all other thing or
things touching the Premifes which tothefaid
W* rem his Heirs or Affigns (hall feem meet and
requifit albeit they be foch as ofthek own nature
might otherwife require a more fpecial comatfd-
ment 8t warrant thnn in thefc preftnts is exprefh

10. Liberty to import the growth or Mann-
faftnres of that Province into EngU*d paying
here the legal Duty.

it. Power to cre&Hatbours Greeks Havens
Keyes and other places of Merchandizes with
foch Jurifdiaionand Privileges as to the laid
W. tam,0-f m ftuilfcem expedient* ml

ti. Not to break the hCt$ of Navigation nei-
ther Governour nor Inhabitants upon the penal-
ties contained in the laid Aft*

13- Not to be in League with any Prince or
Country that is in War againfl moor Heirs and
Succeflbrs.

14- Power of fifety and defence infuch way
and manner as to the fiidJT.Pe^tfvJcems meet

1 5. Full power to aflign alien grant demlfcor
enfeoff of ihePremifes fo many and inch pans and
parcels to thofe that are willing to purchafc the
lame as the faid WiUumPtm thinks fit to b*ve *ttd
$9 hold to them the (aid Perfons their Heirs or
Succeflbrs in fee Simple or feeTail or for term of
Life or Uyts or years to be held of the faid WUL
Fttm^ &c. as of the faid Stignkry of Windfot by
fuch Services Cultoms and Rents as shall feem fit
to the Cud W^ his Heirs &Afligns and not im-
mediately of us our Heirs or Succeflbrs and that
the faid Perfons may take the Pfcmifesor any
parcel thereof of the faid W. Pern, &c. and the
fame hold to themfel ves their Heirs and Afligns
the Statute .£*i* cmftorots Ttrrarum in any wife
notYvithftanding.

1 6. We give & grant Lifence to any of thofe
Perfons to whom the faid W. P. 6cc. has granted
any Eftate of Inheritance as aforefaid with the
confentof the faid W. P. to eredany parcel of
Lands within die faid Province into Mannors to
hold Courts Barron & view of Frank-pledge* &c.
by themfeiTes or Stewards .

^ C48)

17. Power to thole Pcrfons to grant to others
the fimTenares in fee firaple or ojtberwife to be
held of die laidMannors refpeftively and upon all
further Alienations the Land to beheld of the
Manoor that it held of before the Alienation.

r8- We do covenant & grant to and with the
Aid W.P. his Heirs and Afliguthat we wiQ not
fetor make any Cufbm or other Taxation upon
tiie Inhabitants of the faid Province upon Lands
HooTcs Goods Chattels or Merchandizes except
with the confent of the Inhabitants & Governor.

tSK A charge that no Officers nor Minilters of
us our Heirs &SucceDbts do prtfume at aoj time
attempt any thing to the contrary of the Premie
fesofio any fort witbflaod the fame but that
they be at aD times aiding to the faid W. P. and
his Heirs and to the Inhabitants and Merchants
their Factors and Affigns in the full ufe and bene-
fit of this our Charter.

20. And if any doubts or quefttons shall here-
after arife about the true fenleor meaning of any
word c!aufe or fentence contained in this our
Charter we will ordain and command that at all
times and in all things fuch Interpretation be
made thereof and allowed in any of bur Courts
wharfoevcr as shaft be adjudged tnoft advantage-
ous and favourable 10 the faid W.P. his Heirs and
Affigns fo as it be not againft the Faith and Alle-
giance due to us our Heirs and Succelfors. Jk
mtmfs whereof we have c*»fid our Letters to bt
made Patterns. PVttnefs our felt at Weftminftei
the fo*rtk day of March, Anno Doin. itfSi.

(49>

The Frme of the Government efthtfrovwee,
^Pennfitania and Territories thereunto
annexed, in America.

To «0 1- erjmu n vbom Hnfe frtfemt nuy erne ;

WHereas King dwr&x the fecondbynb
Letters Patterns under the great Seal
of EngUnd, bearing date the fourth
dayofJKpvfr, in the thirty third year of the
KING,' for divers Conlideratiom therein
mentioned, Juth been gracioofiy pleafcd to
give and grant onto me mBumIemi i by the
same of Wiiltun Tcnn^Efatorti Son and Heir of
Sir WiBi*m Pom deceived, and to my Heirs and
Affigns forever, all that traft of Land or Protince
caHcd Pem^lvMftut in jimtric4 t with divers great
Powers, Pre-eminences, Royalties, JorifiH-
ftions and Authorities, neceflary for the well-be-
ing and good Government thereofl And where-
as the Kings deareft Brother Jmet pukg of Tork
and jtlhvy, &c. by his Deeds of Feoffment
under his hand and feaL duly perfefted, bearing
date the 24th of uUg ufi t 1 68a. he hath granted
untomethefaidf^ftiMwrPaM my Heirs and Af-
figns ail thatTraft of Land, lying and being from
twelve miles northward or/fo-CW/Wf upon 2te-
Ut*m River, in Jmerics* to Cafe Henloftn upon

the

the raid River and Bay of Del****, fonthward
together with all Royalties, Franchifes, Duties,
Jurifdictions, Liberties and Priviledges there*
nnto belonging.

Now kpom yt % That for the well-being and
good Government of the laid Province and
Territories thereunto annexed , and for the
Encouragement of all the Free-men and Planters
that may be therein concerned, in purfuance of
the Rights and Powers afore-mentioned, I the
Hud WMim fenn have declared, granted and
confirmed, and by thefe prcfents tor me, my
Heirs and Affigns, do declare, grant and confirm
unto all the Free-men, Planters aud Adven-
turers of, in and to the laid Province and Ter-
ritories thereof, thefe L&mits % Frtnchifcs and
TropcrMs; fo far as in me lyeth, to be held ?
enjoyed aud kept by the Free-men, Planters and
Aaventnvers of and in the faid Province of Pem-
filvmi* and Territories thereinto annexfcd, for-
ever.

Imfrimii % That the Government of this Pro-
vince and Territories thereof, ball fiora time to
time(according to the Powers of the PattenLand
Deeds of Feoffment afore&id) confift of the
Proprietary and Governour, and the Free-men
of the faid Province and Territories thereof in
the form of a Provincial Council and Aflerabhr,
whichProvincial Council shall confift of eigh-
teen Perfons, being three out of each County,
and which Afiembly lhali confift of thirty fix

Perfons,

Perfons, being fix out of each Comity, men of
maft note, for Virtue, WUdom, and Ability, by
whom all Laws fliall be made,Ofiicers choftn and
publick Affairs tranfafted, as is hereafter limited
and declared.

idly.. There being three Perfons already
chofenfor every refpS&ive County of this Pro-
vince, and Territories therof , to ferve in
Provincial Council, one of them for three
Years, one for two Years, and one for one
Year, and one of them being to go off Yearly ia
every County. That on the tenth Day of the
firftMoneth vearly forever after, the Free-men
of the faid Province and Territories thereof,
ftall meet together in the molt convenient place
in every County of this Province, and Territo-
ries thereof then and there chute one Perfon,
qualified as aforefaid, in every County, being
one third of the number to ferve in Provincial
Council for three Years, it being intended that
one third of the whole Provincial Council con-
fitting and to confift of eighteen Perfons fall-
ing off yearly, it (hall be yearly fupplycd by fuch
new yearly Elections, as aforefaid, and that one
Perfoa ihall not continue longer than three
Years; and In cafe any Member (hall deccafe
before thelaft Ele&ion, during his time, that
then at the next EleOion eufoinghis deccafe,
another IhaQ be choftn tofupply bis place for
the remaining time he was to have ferred, and
no longer. 3diy.

(*2)

3 dk. That after the firft feven Years, every
one of the faidthirdpam that cocth yearly ofl£
(ball be incapable of being cbolen again for one
whole Tear following, that fi> all that are ca-
pable and qualified, as aforefcid, may befitted
tor Government, and hare a (hart of the cart
and burthen of it.

sfhbf. That the Provincial Council in all
cafes and matters of moment, as their arguing
upon Bills to be paft into Laws, or proceedings
about cre&ing of Courts of Jufticc, fitting in
Judgment upon Criminals impeached, and
choice of Officers in fuch manner as is herein
after cxprefled, not left than two thirds of the
whole, Audi make a Qwr*m % and that the con-
lent and approbation of two thirds of that
4?*0r4tf»fliallbehad in all fuch Cafo or Matters
of Moment. And that in all cafes and matters
of leflcr moment, -one third of the whole fhall
make a Qwum 9 the Majority of which shall
and may always determine in fuch Cafes and
Caufe* of leflcr moment.

yhly. That the Governour and Provincial
Council shall have the Power of preparing and
propofing to the Aflembly hereafter mentioned*
all Bills which they (hall fee needful, ami that
shall at any time be paft into Laws within the
faid Province and Territories thereof which
Bills shall be publilhed, and affiled to the rooft
noted place in every County of this Province
and Territories thereof twenty days before the

meeting

( 53)

meeting of the Aficmbtft in order to paffiog
them into Laws.

6tbh. That the Govtrnour and Provincial
Council shall take care that all Laws, Statutes
and Ordinances which shall at any time be mad e
within the laid Province and Territories, be
duly and diligently executed

Itbh. That the Governour and Provincial
Council shall at all times have the care of the
Peace and Safety of this Province, and Territo-
ries thereof v and that nothing be by any Perfon
attempted to the Subverfibn of this frame of
Government

Stbly. That the Governour and Provincial
Council 5ball at all times fettle and order the
Scituation of all Cities and Market-Towns in
every County, modelling therein an publkk
Buildings, Streets, and Market-places, and
{hall appoint all neceflary Roads and H jgh-wavs
in this Province and Territories thereof

9ibly. That the Governour and Provincial
Council shall at all times have power to infpeft
the management of the publkk Trcalbry, and
punilh thofc who shall convert any part there*
of to any other ufe, than what hath been agreed
upon for the Governour , Provincial Council
and Aflemhly.

\orhh. That the Governour and Provmcia
Council shall creft and order all pufaiick Schools,
and encourage and reward the Authors of ufeftd
Sciences, and laudable Inventions in the faid
Province and Territories thereof. nth^

(54)

n% That One Third of the Provincial
Council refiding with the Governotir, shall with
the Gofprnour from time to time have the care
of the management of all public* Affairs, rela-
ting to the Peace, juftke, Treafury,Trade & Im-
provement of the Province and Territories, and
tp rfce good Education of Youth, and Sobriety
of the Manners of the Inhabitants therein, as
aforefaid.

nthly. That the Goveraour or his Deputy
shall always preGde in the Provincial Council,
and that he (hall at no time therein perform
anypublickAd of State whatfoever, that shall
or may relate unto the Juftke, Trade, Trea-
jbry or Safety of the Province, and Territories
as aforefaid, but by and with the Advice and
Confcnt of the Provincial Council thereof.

1 3^(y. Andto the end that all Bills prepared
and agreed by the Governour and Provincial
Council, as aforefaid, may yet have the more
fiill concurrence of the Tree-jnen of the Pro-
vince and Territories thereof. It is declared,
granted and confirmed, that at the time and
place in every County, for the choice of one
Perfon to ferve m Provincial Council, as afore*
faid, the refpeftive Members thereof at their
faid Meeting^ lhall yearly chufe out of them-
felves fix Perfons of note, for their Virtue, Wit
dom and Ability, to ferve in Aflembly, as their
Reprefentativcs, who shall yearly meet on the
Tenth day of the third Moncth, in the Capital

Town

(S5)

Town or Cky of the f aid Province, unleS the
Oovcmoor and Provincial Cooncil shall thintfit
to appoint another place to meet in, where du-
ring eight days, the (cvcral Members may freely
confer with one another, and if any of tnem fee
meet with a Committee o( the ProvtncUl Council,
which (hall be at that time purpofely appointed
to receive from any of them,Propo&b for the al-
terationor amendment of any ofthe (aid frmfti
and promulgated Bills, & on the nineth day from
their fo meeting, the (aid Aflfcmbly, after their
treading over of the propofed Bills by the Clerk
ofthe Provincial Council, and the occaflons and
motives for them being open'd bythe Gaver-
vernocr, or his Oeputy, lhall upon the Qgc-
ftion by him oat, give their Affirmative or Ne-
gative, which to them ftemeth belb, in ffach
maimer as is hereafter cxpreflfed, but not left
than two thirds (hall make a Qwrmn in the paf-
fing of all Bills into Laws, and choice of luch
Officers as are by them to be chofen.

14* That the Laws fo prepared and pro*
pofed, as aforefaid, that are anented to by the
Aflembly, shall be enrolled as Laws of this Pro-
vince and Territories thereof, with this Stile,
BytbcGovernonr^ with the Afftnt *nd jiff robtuon
of the Fm-maf m Provincial Council nnd Jtflcmbly
mtt. And from henceforth the Meeting^SdGons,
Aftsjuod Proceedings of the Governoor, Pro*
vincial Council and Aflembly lhall be ftiled and
called) Th$ Meetings Scfpons % Mttnni hocttdvtgs

°f

tfthiGcmrtl Jftmhtyof thi frovinct a/famfiU
vmz^MHdtbefirrimksthtrtitmokht^^

i>. And that tbc Regrefentatives of the
Ptejrie in Provincial Council and Aflctnbly, may
in alter Ages bear fame proportion with the in-
crease and multiplying of the Peode, the Num-
bers of fuch Representatives of the People may
be from time to time increafed and enlarged, fo
as atno time the number exceed fevtnty two
for the Provincial Council, and two hundred
for the Aflcmbiy •, die appointment and pro-
portion of which Number, as alfo the laying
and methodizing of the choice of fuch Reprc.
tentative* in future time, mod equally to the
divftion of the Country, or number of the Inha-
bitants, is left to the Governour and Provincial
Council to prooofe, and the Aflembly to re-
fol ve, 10 that tne order of rotation be ftriftly
obferved, both in the choice of the Council,
and the refpeftive Committees thereof, viz.. one
third to go o£ and come in yearly.

1 6. 1 hat from, and after the Death of this
Prefcnt Governour, the Provincial Council (hall
together with the fuceeding Governour, ertft
from time to time (landing Courts of Juftice, in
foch Places and Number as they shall judge con-*
venicntfor the good Government of the faid
Province and Territories thereof \ and that the
Provincial Council shall on the thirteenth day
oftbefecondMoneth, then next enfuing, cleft'
and prcfent to the Governour, or his Deputy,

( 57)
a double number of PerfooL to ferve for Judges;
Treaforers, and Matters of the Rolls within the
laid Province and Territories, to contiocfo long
as they shall well behave themfelves in thofe
Capacities respectively , and. the Free-men of
thefaid Province in Aflembly met, shall on die
thirteenth day of the third Moneth, yearly;
deft* and then Prefent to the Govcrnouror his
Deputy a double number of Pcrfons to ferve for
Sheriffs Juftices of the Peace, and Coroners
for the Year next enfuing , out of which re-
fpc&ivt Ele&ions and Preferments the Go-
vernour or his Deputy (hall nominate and com-
roiflionate the proper number for each Office,
the third day after the laid refpettive Prefent*
ments, or clfc the firft named in fuch Prefent-
ment for each Office, as aforefaid, (hall (hind
and ferve in that Office the time before re-
fpeftivdy limited j and in cafe of Death or
Default, fuch vacancy shall be fupplycd by the
Governour and Provincial Council in manner
aforefaid.

17. That the Affembly (hall continue fo long
as may be needful to impeach Criminals fit to be
there impeached, to pals fuch Bills into Laws as
arepropofed to them, which they (hall think fit
to pafs into Laws, and till fuch time as the Go*
vcrnorand Pro viacial Council fhal] declare, Tb*t
thty have nothing further re frofoft unto them for
their Aff$m *nd Apfrcb'tw* ^ and that declarati-
on (hall be a Difmifs to the Aflerably for that

C 583

time, which Alterably [hall be notwithttanding
capable of aflembling together upon the fommons
of the Governonr and Provincial Conncil at any
time during that year, if the Governor and
Provincial Council (hall fee occafion for their fo
aflembling.

1 8. That all the Elections of Members or
Reprefentatives of the People, to fervc in Pro-
vincial Conncil and Aflemhly, and all Queftions
to be determined by both or either of them, that
relate to the choice of Officers, & all or any other
Perianal matters, (hall be relolved and determi-
ned by the Ballot , and all things relating to the
preparing and palling of Bills Into Laws, (hall
be openly declared and refolved by the Vote.

i p. That at all timt* when the Proprietary
and Governout lhall happen to be an Infant, and
under the Age of one and twenty Years, and
no Guardian or Cominiflioners are appointed in
writing by the Father of the faid Infant, or that
fuch Guardian (hall be deccafed, that during fuch
Minority, the Provincial Council ihall from time
to time, as they (hall fee meet, conftitute and
appoint Guardians and Commiflioners, not ex-
ceeding three, one of which (hall prefide as
Deputy and chief Guardian, during fuch Mino-
rity, and /ball have and execute, with the con*
lent of one of the other two, all the Power of a
Governor in all publick Affairs and Concerns of
the faid Province and Territories thereof, accor-
ding to Quarter j which faidGuai dian fo appoint*

cd,

t*93
ed, shall alfo have the care and over-fight of the
Eftate of thefaid Minor, and be yearly account*
able and refponfabte for the fame to the Provin-
cial Council, and the Provincial Council to the
Minor when of Age, or to the next Heir in cafe
of the faid Minor's death, for the Truft before
cxprefied.

20. That as often as any days of the Month
mentioned in any Article of this Charter shall
fell upon the Firft day of the Week, commonly
called the Lards day^ the bufinefs appointed for
that day shall be deferred till the next day, unlefs
in cafes of Emergency.

21. And for the Satisfaction and Encourage-
ment of all Aliens, I do give and grant, that if

j any Alien , who is or shall be a pui cbafer, or

who doth or shall inhabit in this Province or
Territories thereof, (hall deceafe at any time
before he can well be naturalized, his Right and

, lntereft therein (hall notwithftanding defcend to

his Wife and Children, or other his Relations,
be he Teftate or lnteftate , according to the
Laws of this Province and Territories thereof
in fuch cafes provided, in as free and ample man-
ner, to all intents and purpofes, as if the faid

'' Alien had been naturalized.

22. And that the Inhabitants of this Province
and Territories thereof may be accommodated
with fuch Food and Sufteriance as God in his
Providence hath freely afforded, I do alfo further
grant to the Inhabitants of this Province andTer-

ritores

(60)
ritorte thereof* liberty to fowl and bant upon
the Lands they hold, or all other Lands therein,
Jiotc&dofod, aodtofiihinaUWatersinthefaid
Lands, and mall Riven and Rivulets in and be-
longing to diis Province and Territories thereof,
with liberty to draw Jlis or their Fifh to (bore on
any mans Lands, fo as it be not to the detriment
or annoyance of the Owner thereof except (bch
Lands as do lie npon Inland Rivulets that are not
boatable, or which arc or may be hereafter erect*
edintoMannbrs.

23. And that all the Inhabitants of this Pro-
vince and Territories thereof, whether Purcha-
fersor others, may have the UJtworldty Pledge of
my good and kind Intentions to them and theirs,
1 do /ivr, gmnt] and confirm to all and every
one of them fitil **d ytiet Enjoyment of their
refpoftive Lands to which they have znfUwfid
OTt<f*it*bte CUim, faving only fuch Rents and
Services for the feme & are or cuftomarily ought
to be refer ved to Me, my Heirs and Aifigns.

24* Thatno-^ft, L*w or Ordinmce whatfo-
cverlhaiiatanytime hereafter be made or done
by the Proprietory and Governonr of this Province
and Territories thereunto belonging, his Heirs,
and Affigns, or by the Free-nten in Frovtnci*l
Council <Xj1JfemHy y to alter, change or diminifh
the form or effett of this Cbsrtcr, or any part or
daufe thereof contrary to the true intent and
meaning thtreof* without the confent of the
Propria ay and Oovcnumr^ his Heirs or Afigns^

and

(6t)

and Six farts of Seven of the (aid Free-men in
provincial Comncil and Affemkly met.

25: And £4% I the hx&Wtilum Pem^ Pro-
prietary and Governour of the Province of
Temfilvama & Territories thereunto belonging,
for my felf, my Heirs and Affigns, have folemnly
declared, granted and confirmed^ and do hereby
folemnly dec Lm, grant zxi^awfirm, that neither I,
my /far/ or ^/ju fhall procure or do any
thing or things whereby the Liberties in this
Charter contained and exprefled (hall be infringed
or broken: And if any thing be procured by
any Perfon or Perfons contrary to thefe Premifes,
it (hall be held of no force or effeft. In Wi&efs,
whereof, I the faid WiUuun Pern at Pbiladelfhi*
in Pennjilvania; have unto this prefent Charter of
Liberties fct my Hand and broad Seal this fecond
day of the fecond Moncth, in the Year of our
Lord 1 48*. being the thirty fifth year of the
King, and the third year of my Government.

William Venn.

INDORSED.

* |"*His within Charter which wc have
M diftinlHy heard read, and thank-
fully received, (hall he by us inviolably
kept at PkiUdtlfbi*, the 2d of the 2d
Moocth, 168).

The Members of die Provincial Council prefent, 1 '

WitUmALtrkbdm, WiU. CUtto/t, Jtmes Hcrrtfom,
John MotL From* WUewell, John Hilfynrd,
Chrijhf. TtylarJVUl. Clark, Phil. Lebmnne^Sec
WHLHdge. Thorn* Holm*. John Ricbtrdfon,
JohnSimco^ Witt** Biles % fycbnrd Ingeta,

CL Concilii*

The Members of the Aflembly prefent ;

Cafftrm Hmwum, WiSUm Frnvter, Robert L**cm %
John Dirty* 7*b* Xtpfhaven, James WtUtnms,
BenjsmisiVTUHnm^ Alexander Mokftene, Job*
BlenJtom y WMhssmGitefty Robert Brny^ John,
Songburfi, Vtltntine HoUmsrvortk^ Tho. Br+cy,
John Hit, James By den, mUTnrdty,Ntcboi*s*
Hfc/ta, Benony B$>if,Jotm U<fting:, JT>o.F$tz.-
ivatir, JohnBetvr, Robert AFide, John Claws
J ih* Harding Fr.Hnffbld, Luk$W*xJvn, An-
drew Bvinkftone, John H*rt % Jofefk Pbtfs, Simm
Irons, Rohm H*U % Demu K*echford K Jo. Wood,

Rebcrt

C*3) ,

Fobtrt BedvtB, John Britdtfddr, John Curtis.
William Simfnarty Henry Bman, Dmtl Brown
Sam. Dark, CemeUur Veibotf.

JobnSoMtbmmhiCLSywd,

Some of the Inhabitants of Philadelphia then
prdent,

VTtUam Howell, M Henry Lewis,
Edward WarmrXl SamcB Milts.

FINIS.

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Full text of "The excellent priviledge of liberty and property : being a reprint and facsimile of the first American edition of Magna charta, printed in 1687"

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